Chapter 468A — Air Quality

2023 EDITION

AIR QUALITY

HOUSING; LOTTERY AND GAMES; ENVIRONMENT

AIR POLLUTION CONTROL

468A.005 Definitions for air pollution laws

468A.010 Policy

468A.015 Purpose of air pollution laws

468A.020 Application of air pollution laws

468A.025 Air purity standards; air quality standards; treatment and control of emissions; rules

468A.030 When liability for violation not applicable

468A.035 General comprehensive plan

468A.040 Permits; rules

468A.045 Activities prohibited without permit; limit on activities with permit

468A.050 Classification of air contamination sources; registration and reporting of sources; rules; fees

468A.055 Notice prior to construction of new sources; order authorizing or prohibiting construction; effect of no order; appeal

468A.060 Duty to comply with laws, rules and standards

468A.065 Furnishing copies of rules and standards to building permit issuing agencies

468A.070 Measurement and testing of contamination sources; rules

468A.075 Variances from air contamination rules and standards; delegation to local governments; notices

468A.080 Air and water pollution control permit for geothermal well drilling and operation; enforcement authority of director

468A.085 Residential open burning of vegetative debris; rules; local government authority

REGIONAL AIR QUALITY CONTROL AUTHORITIES

468A.100 Definitions for ORS 468A.010 and 468A.100 to 468A.180

468A.105 Formation of regional air quality control authorities

468A.110 Waiver of population requirements

468A.115 Nature of authority

468A.120 Board of directors; term

468A.125 Board where population requirement waived

468A.130 Advisory committee; duties; members; term; chairperson; meetings

468A.135 Function of authority; rules

468A.140 Assumption, retention and transfer of control over classes of air contamination sources

468A.145 Contract for commission to retain authority under ORS 468A.135

468A.150 Conduct of public hearings; entry of orders

468A.155 Rules authorizing regional permit programs

468A.160 Expansion or dissolution of authority

468A.165 Compliance with state standards required; hearing; notice

468A.170 Payment of costs of services to authority by state

468A.175 State aid

468A.180 Payment of certain court costs not required

CLIMATE CHANGE

(Natural Climate Solutions)

468A.183 Definitions

468A.185 Policy

468A.187 Natural and Working Lands Fund

468A.189 Allocations from Natural and Working Lands Fund; uses of allocated amounts; rules

468A.191 Report to Legislative Assembly

468A.193 Net biological carbon sequestration and storage baseline; activity-based and community impact metrics

468A.195 Net biological carbon sequestration and storage inventory

468A.197 Advisory committee; members

468A.199 Consultation with federally recognized Indian tribes

Note Workforce and training program study; report--2023 c.442 §§60,61

(Oregon Climate Action Commission)

468A.200 Legislative findings

468A.205 Policy; greenhouse gas emissions reduction goals

468A.210 Definitions for ORS 468A.200 to 468A.260

468A.215 Oregon Climate Action Commission; appointment; term; vacancies; expenses of members

468A.220 Nonvoting members

468A.225 Meetings; quorum; personnel; agency reports

468A.230 Rules

468A.235 Coordination of state and local efforts to reduce greenhouse gas emissions

468A.240 Recommendations; public comment

468A.245 Outreach strategy

468A.250 Mandate of Oregon Climate Action Commission

468A.255 Citizen advisory groups

468A.260 Report to Legislative Assembly

(Low Carbon Fuel Standards)

468A.265 Definitions

468A.266 Low carbon fuel standards; clean fuels program; rules

468A.268 Conditions for considering biodiesel as low carbon fuel; rules

468A.271 Clean fuels program design requirements; duties of Department of Environmental Quality, State Department of Agriculture

468A.272 Fuel supply forecast; forecast review team

468A.273 Forecast deferral; order; methods for deferring compliance; duration

468A.274 Emergency deferral; order; methods for deferring compliance; duration; other remedies

468A.276 Credit clearance markets

468A.277 Rules; exemptions

(Miscellaneous)

468A.279 Motor vehicle pollution control systems; definitions; rules; exceptions

468A.280 Electricity; fossil fuels; registration and reporting requirements; rules

468A.290 Oregon Climate Corps; long-term plan; grants and donations

468A.292 Oregon Climate Corps Fund

468A.295 Community climate investment entity fees; rules

468A.298 Community Climate Investment Oversight Account

Note Consumption-based greenhouse gas emissions evaluation; report--2023 c.442 §52

FEDERAL OPERATING PERMIT PROGRAM

468A.300 Definitions

468A.305 Purpose

468A.310 Federal operating permit program approval; rules; content of plan

468A.315 Emission fees for major sources; base fees; basis of fees; rules

468A.320 Accountability for costs of program

468A.325 Priority of department work schedule

468A.327 Requirement for adoption, amendment or repeal of rules; oral hearing

468A.330 Small Business Stationary Source Technical and Environmental Compliance Assistance Program

TOXIC AIR CONTAMINANTS

468A.335 Definitions

468A.337 Individual air contamination source program; rules

468A.339 Pilot program; rules; applicability

468A.341 Clean Communities Fund; uses

468A.343 Public meetings; private actions

(Temporary provisions relating to benchmarks for excess noncancer risk for existing air contamination sources are compiled as notes following ORS 468A.343)

468A.345 Fees

MOTOR VEHICLE POLLUTION CONTROL

468A.350 Definitions for ORS 468A.350 to 468A.400

468A.355 Legislative findings

468A.360 Motor vehicle emission and noise standards; copy to Department of Transportation

468A.363 Purpose of ORS 468A.363, 468A.365, 468A.400 and 815.300

468A.365 Certification of motor vehicle pollution control systems and inspection of motor vehicles; rules

468A.370 Cost-effective inspection program; contracts for inspections

468A.375 Notice to state agencies concerning certifications

468A.380 Licensing of personnel and equipment; certification of motor vehicles; rules

468A.385 Determination of compliance of motor vehicles

468A.387 Operating schedules for testing stations

468A.390 Designation of areas of the state subject to motor vehicle emission inspection program; rules

468A.395 Bond or letter of credit; remedy against person licensed under ORS 468A.380; cancellation of license

468A.400 Fees; collection; use

468A.405 Authority to limit motor vehicle operation and traffic; rules

468A.410 Administration and enforcement of rules adopted under ORS 468A.405

468A.415 Legislative findings

468A.420 Oxygenated motor vehicle fuels; when required by rule

468A.455 Police enforcement

SOLID FUEL BURNING DEVICES

468A.460 Policy

468A.465 Certification requirements for new solid fuel burning devices; rules

468A.467 Prohibition on burning certain materials in solid fuel burning devices

468A.485 Definitions for ORS 468A.460 to 468A.515

468A.490 Residential Solid Fuel Heating Air Quality Improvement Fund; uses

468A.495 Prohibition on installation of used solid fuel burning devices; exceptions; rules

468A.500 Prohibition on sale of noncertified solid fuel burning devices; rules

468A.505 Removal; exceptions; confirmation of removal; rules

468A.515 Residential solid fuel heating curtailment program requirements; exemptions; rules

FIELD BURNING AND PROPANE FLAMING

468A.550 Definitions for ORS 468A.550 to 468A.620 and 468A.992

468A.555 Policy to reduce open field burning

468A.560 Applicability of open field burning, propane flaming and stack and pile burning statutes

468A.565 Use of certified alternative thermal field sanitizer

468A.570 Classification of atmospheric conditions; marginal day

468A.575 Permits for open burning, propane flaming or stack or pile burning; rules

468A.580 Permits; inspections; planting restrictions; civil penalty

468A.585 Memorandum of understanding with State Department of Agriculture

468A.590 Duties of State Department of Agriculture

468A.595 Commission rules to regulate burning pursuant to ORS 468A.550 to 468A.620

468A.597 Duty to dispose of straw

468A.600 Standards of practice and performance

468A.605 Duties of Department of Environmental Quality

468A.610 Acreage permitted to be open burned, propane flamed or stack or pile burned; exceptions; fees; rules

468A.612 Field burning prohibition in critical nonburn areas; rules

468A.615 Registration of acreage to be burned; fees; rules

468A.620 Experimental field sanitization; rules

CHLOROFLUOROCARBONS AND HALON CONTROL

468A.625 Definitions for ORS 468A.630 to 468A.645

468A.630 Legislative findings

468A.635 Restrictions on sale, installation and repairing of items containing chlorofluorocarbons and halon; rules

468A.640 Department program to reduce use of and recycle compounds

468A.645 State Fire Marshal; program; halons; guidelines

AEROSOL SPRAY CONTROL

468A.650 Legislative findings

468A.655 Prohibition on sale or promotion; exemption for medical use

468A.660 Wholesale transactions permitted

ASBESTOS ABATEMENT PROJECTS

468A.700 Definitions for ORS 468A.700 to 468A.760

468A.705 Legislative findings

468A.707 Asbestos abatement program; rules; contractor licensing; worker certification

468A.710 License required for asbestos abatement project

468A.715 Licensed contractor required; exception

468A.720 Qualifications for license; application

468A.725 Grounds for license suspension or revocation

468A.730 Worker certificate required; qualifications; renewal application; suspension or revocation

468A.735 Alternatives to protection requirements; approval

468A.740 Accreditation requirements; rules

468A.745 Rules; variances; training; standards; procedures

468A.750 Fee schedule; waiver; disposition; rules

468A.755 Exemptions

468A.757 Residential asbestos surveys; rules

468A.760 Content of bid advertisement

INDOOR AIR POLLUTION CONTROL

468A.775 Indoor air quality sampling; accreditation and certification programs

468A.780 Schedule of fees; accreditation and certification programs; rules

468A.785 Pilot programs

AGRICULTURAL OPERATIONS AND EQUIPMENT

468A.790 Memorandum of understanding with State Department of Agriculture; rules

DIESEL ENGINES

468A.793 Goal to reduce excess lifetime risk of cancer due to exposure to diesel engine emissions

468A.795 Definitions

468A.796 School buses; repowering or retrofitting of engines; replacement

468A.797 Standards for certified cost of qualifying replacement, repower or retrofit; rules

468A.799 Standards for qualifying replacements, repowers and retrofits; rules

468A.801 Clean Diesel Engine Fund; interest

468A.803 Uses of Clean Diesel Engine Fund; rules

468A.805 Environmental Mitigation Trust Agreement moneys; uses; rules

468A.807 Rules; compliance with applicable requirements

468A.810 Certification of approved retrofit technologies; rules

468A.813 Voluntary emission control label program; rules; fees

EMISSION REDUCTION CREDIT BANKS

468A.820 Community emission reduction credit banks; establishment; rules; credits

WILDFIRE SMOKE

468A.830 Program for environmental and public health impacts of wildfire smoke

468A.833 Grants, contracts and agreements for community responses to wildfire smoke

468A.836 Program to support community monitoring of air quality conditions caused by wildfire smoke

MUNICIPAL SOLID WASTE INCINERATORS

468A.875 Plan for continuous monitoring or sampling of emissions

468A.880 Restriction on combustion of hospital, medical or infectious waste

(Temporary provisions relating to municipal solid waste incinerators are compiled as notes following ORS 468A.880)

PENALTIES

468A.990 Penalties for air pollution offenses

468A.992 Civil penalties for open field burning violations

AIR POLLUTION CONTROL

468A.005 Definitions for air pollution laws. As used in ORS chapters 468, 468A and 468B, unless the context requires otherwise:

(1) “Air-cleaning device” means any method, process or equipment which removes, reduces or renders less noxious air contaminants prior to their discharge in the atmosphere.

(2) “Air contaminant” means a dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, carbon, acid or particulate matter or any combination thereof.

(3) “Air contamination” means the presence in the outdoor atmosphere of one or more air contaminants which contribute to a condition of air pollution.

(4) “Air contamination source” means any source at, from, or by reason of which there is emitted into the atmosphere any air contaminant, regardless of who the person may be who owns or operates the building, premises or other property in, at or on which such source is located, or the facility, equipment or other property by which the emission is caused or from which the emission comes.

(5) “Air pollution” means the presence in the outdoor atmosphere of one or more air contaminants, or any combination thereof, in sufficient quantities and of such characteristics and of a duration as are or are likely to be injurious to public welfare, to the health of human, plant or animal life or to property or to interfere unreasonably with enjoyment of life and property throughout such area of the state as shall be affected thereby.

(6) “Area of the state” means any city or county or portion thereof or other geographical area of the state as may be designated by the Environmental Quality Commission. [Formerly 468.275; 2009 c.387 §13]

468A.010 Policy. (1) In the interest of the public health and welfare of the people, it is declared to be the public policy of the State of Oregon:

(a) To restore and maintain the quality of the air resources of the state in a condition as free from air pollution as is practicable, consistent with the overall public welfare of the state.

(b) To provide for a coordinated statewide program of air quality control and to allocate between the state and the units of local government responsibility for such control.

(c) To facilitate cooperation among units of local government in establishing and supporting air quality control programs.

(2) The program for the control of air pollution in this state shall be undertaken in a progressive manner, and each of its successive objectives shall be sought to be accomplished by cooperation and conciliation among all the parties concerned. [Formerly 449.765 and then 468.280]

468A.015 Purpose of air pollution laws. It is the purpose of the air pollution laws contained in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B to safeguard the air resources of the state by controlling, abating and preventing air pollution under a program which shall be consistent with the declaration of policy in this section and with ORS 468A.010. [Formerly 449.770 and then 468.285]

468A.020 Application of air pollution laws. (1) Except as provided in subsection (2) of this section, the air pollution laws contained in ORS chapters 468, 468A and 468B do not apply to:

(a) Agricultural operations, including but not limited to:

(A) Growing or harvesting crops;

(B) Raising fowl or animals;

(D) Propagating and raising nursery stock;

(E) Propane flaming of mint stubble; and

(F) Stack or pile burning of residue from Christmas trees, as defined in ORS 571.505, during the period beginning October 1 and ending May 31 of the following year.

(b) Equipment used in agricultural operations, except boilers used in connection with propagating and raising nursery stock.

(d) Heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families, except solid fuel burning devices, as defined in ORS 468A.485, that are subject to regulation under this section and ORS 468A.140 and 468A.460 to 468A.515.

(e) Fires set or permitted by any public agency when such fire is set or permitted in the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, or instruction of employees in the methods of fire fighting, which in the opinion of the agency is necessary.

(f) Fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction.

(2) Subsection (1) of this section does not apply to the extent:

(a) Otherwise provided in ORS 468A.555 to 468A.620, 468A.790, 468A.992, 476.380 and 478.960;

(b) Necessary to implement the federal Clean Air Act (P.L. 88-206 as amended) under ORS 468A.025, 468A.030, 468A.035, 468A.040, 468A.045 and 468A.300 to 468A.330; or

(c) Necessary for the Environmental Quality Commission, in the commission’s discretion, to implement a recommendation of the Task Force on Dairy Air Quality created under section 3, chapter 799, Oregon Laws 2007, for the regulation of dairy air contaminant emissions.

(3)(a) Except to the extent necessary to implement the federal Clean Air Act (P.L. 88-206 as amended), the air pollution laws contained in ORS 468A.025, 468A.030, 468A.035, 468A.040, 468A.045 and 468A.300 to 468A.330 do not apply to carbon dioxide emissions from the combustion or decomposition of biomass.

(b) As used in this subsection, “biomass” means:

(A) Nonfossilized and biodegradable organic materials that originate from plants, animals and microorganisms and that are products, byproducts, residues or wastes from agriculture, forestry and related industries;

(B) Nonfossilized and biodegradable organic fractions of industrial and municipal wastes; and

(C) Gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic matter. [Formerly 468.290; 1997 c.473 §2; 1999 c.439 §1; 2007 c.799 §4; 2009 c.387 §14; 2015 c.500 §1]

468A.025 Air purity standards; air quality standards; treatment and control of emissions; rules. (1) By rule the Environmental Quality Commission may establish areas of the state and prescribe the degree of air pollution or air contamination that may be permitted therein, as air purity standards for such areas.

(2) In determining air purity standards, the commission shall consider the following factors:

(a) The quality or characteristics of air contaminants or the duration of their presence in the atmosphere which may cause air pollution in the particular area of the state;

(b) Existing physical conditions and topography;

(d) Temperatures and temperature inversion periods, humidity, and other atmospheric conditions;

(e) Possible chemical reactions between air contaminants or between such air contaminants and air gases, moisture or sunlight;

(f) The predominant character of development of the area of the state, such as residential, highly developed industrial area, commercial or other characteristics;

(g) Availability of air-cleaning devices;

(h) Economic feasibility of air-cleaning devices;

(i) Effect on normal human health of particular air contaminants;

(j) Effect on efficiency of industrial operation resulting from use of air-cleaning devices;

(k) Extent of danger to property in the area reasonably to be expected from any particular air contaminants;

(L) Interference with reasonable enjoyment of life by persons in the area which can reasonably be expected to be affected by the air contaminants;

(m) The volume of air contaminants emitted from a particular class of air contamination source;

(n) The economic and industrial development of the state and continuance of public enjoyment of the state’s natural resources; and

(o) Other factors which the commission may find applicable.

(3) The commission may establish air quality standards including emission standards for the entire state or an area of the state. The standards shall set forth the maximum amount of air pollution permissible in various categories of air contaminants and may differentiate between different areas of the state, different air contaminants and different air contamination sources or classes thereof.

(4) The commission shall specifically fulfill the intent of the policy under ORS 468A.010 (1)(a) as it pertains to the highest and best practicable treatment and control of emissions from stationary sources through the adoption of rules:

(a) To require specific permit conditions for the operation and maintenance of pollution control equipment to the extent the Department of Environmental Quality considers the permit conditions necessary to insure that pollution control equipment is operated and maintained at the highest reasonable efficiency and effectiveness level.

(b) To require typically achievable control technology for new, modified and existing sources of air contaminants or precursors to air contaminants for which ambient air quality standards are established, to the extent emission units at the source are not subject to other emission standards for a particular air contaminant and to the extent the department determines additional controls on such sources are necessary to carry out the policy under ORS 468A.010 (1)(a).

(c) To require controls necessary to achieve ambient air quality standards or prevent significant impairment of visibility in areas designated by the commission for any source that is a substantial cause of any exceedance or projected exceedance in the near future of national ambient air quality standards or visibility requirements.

(d) To require controls necessary to meet applicable federal requirements for any source.

(e) Applicable to a source category, contaminant or geographic area necessary to protect public health or welfare for air contaminants not otherwise regulated by the commission or as necessary to address the cumulative impact of sources on air quality.

(5) Rules adopted by the commission under subsection (4) of this section shall be applied to a specific stationary source only through express incorporation as a permit condition in the permit for the source.

(6) Nothing in subsection (4) of this section or rules adopted under subsection (4) of this section shall be construed to limit the authority of the commission to adopt rules, except rules addressing the highest and best practicable treatment and control.

(7) As used in this section, “typically achievable control technology” means the emission limit established on a case-by-case basis for a criterion contaminant from a particular emission unit in accordance with rules adopted under subsection (4) of this section. For an existing source, the emission limit established shall be typical of the emission level achieved by emission units similar in type and size. For a new or modified source, the emission limit established shall be typical of the emission level achieved by recently installed, well controlled new or modified emission units similar in type and size. Typically achievable control technology determinations shall be based on information known to the department. In making the determination, the department shall take into consideration pollution prevention, impacts on other environmental media, energy impacts, capital and operating costs, cost effectiveness and the age and remaining economic life of existing emission control equipment. The department may consider emission control technologies typically applied to other types of emission units if such technologies can be readily applied to the emission unit. If an emission limitation is not feasible, the department may require a design, equipment, work practice or operational standard or a combination thereof. [Formerly 449.785 and then 468.295; 1993 c.790 §1]

468A.030 When liability for violation not applicable. The several liabilities which may be imposed pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B upon persons violating the provisions of any rule, standard or order of the Environmental Quality Commission pertaining to air pollution shall not be so construed as to include any violation which was caused by an act of God, war, strife, riot or other condition as to which any negligence or willful misconduct on the part of such person was not the proximate cause. [Formerly 449.825 and then 468.300]

468A.035 General comprehensive plan. Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality shall prepare and develop a general comprehensive plan for the control or abatement of existing air pollution and for the control or prevention of new air pollution in any area of the state in which air pollution is found already existing or in danger of existing. The plan shall recognize varying requirements for different areas of the state. [Formerly 449.782 and then 468.305]

468A.040 Permits; rules. (1) By rule the Environmental Quality Commission may require permits for air contamination sources classified by type of air contaminants, by type of air contamination source or by area of the state. The permits shall be issued as provided in ORS 468.065. A permit subject to the federal operating permit program shall be issued in accordance with the rules adopted under ORS 468A.310.

(2) If a request for review of the final Department of Environmental Quality action, or any part thereof, is made on an application for a permit issued under the federal operating permit program established under ORS 468A.310 in accordance with the rules adopted by the commission, the effect of the contested conditions and any conditions that are not severable from those contested shall be stayed upon a showing that compliance with the contested conditions during the pendency of the appeal would require substantial expenditures or losses that would not be incurred if the permittee prevails on the merits of the review and there exists a reasonable likelihood of success on the merits. The department may require that the contested conditions not be stayed if the department finds that substantial endangerment of public health or welfare would result from the staying of the conditions.

(3) Any source under an existing permit shall:

(a) Comply with the conditions of the existing permit during any modification or reissuance proceeding; and

(b) To the extent conditions of any new or modified permit are stayed under subsection (2) of this section, comply with the conditions of the existing permit that correspond to the stayed conditions, unless compliance would be technologically incompatible with compliance with other conditions of the new or modified permit that have not been stayed.

(4) For purposes of this section, a small scale local energy project, as defined in ORS 470.050, located in a maintenance area or nonattainment area, and any infrastructure related to that project located in the same area, is considered to provide a net air quality benefit to the extent required by this chapter if the project provides reductions in each air contaminant in the maintenance area or nonattainment area equal to the ratio specified in rules adopted by the commission, unless the department determines that the project will pose a material threat to compliance with air quality standards in the maintenance area or nonattainment area.

(5) As used in this section:

(a) “Maintenance area” has the meaning given that term in rules adopted by the commission.

(b) “Nonattainment area” has the meaning given that term in rules adopted by the commission. [Formerly 449.727 and then 468.310; 2009 c.519 §1; 2013 c.8 §13]

468A.045 Activities prohibited without permit; limit on activities with permit. (1) Without first obtaining a permit pursuant to ORS 468.065, 468A.040 or 468A.155, no person shall:

(a) Discharge, emit or allow to be discharged or emitted any air contaminant for which a permit is required under ORS 468A.040 into the outdoor atmosphere from any air contamination source.

(b) Construct, install, establish, develop, modify, enlarge or operate any air contamination source for which a permit is required under ORS 468A.040.

(2) No person shall increase in volume or strength discharges or emissions from any air contamination source for which a permit is required under ORS 468A.040 in excess of the permissive discharges or emission specified under an existing permit. [Formerly 449.731 and then 468.315]

468A.050 Classification of air contamination sources; registration and reporting of sources; rules; fees. (1) By rule the Environmental Quality Commission may classify air contamination sources according to levels and types of emissions and other characteristics which cause or tend to cause or contribute to air pollution and may require registration or reporting or both for any such class or classes.

(2) Any person in control of an air contamination source of any class for which registration and reporting is required under subsection (1) of this section shall register with the Department of Environmental Quality and make reports containing such information as the commission by rule may require concerning location, size and height of air contaminant outlets, processes employed, fuels used and the amounts, nature and duration of air contaminant emissions and such other information as is relevant to air pollution.

(3) By rule the commission may establish a schedule of fees for the registration of any class of air contamination sources classified pursuant to subsection (1) of this section for which a person is required to obtain a permit under ORS 468A.040 or 468A.155 but chooses instead to register if allowed by the commission by rule. The commission shall base the fees on the anticipated cost of developing and implementing programs related to the different classes, including but not limited to the cost of processing registrations, compliance inspections and enforcement. A registration must be accompanied by any fee specified by the commission by rule, and a subsequent annual registration fee is payable as prescribed by rule of the commission.

(4)(a) By rule the commission may establish a schedule of fees for reporting of any class of air contamination sources classified pursuant to subsection (1) of this section for which a person is required to obtain permits under ORS 468A.040 or 468A.155 or is subject to the federal operating permit program pursuant to ORS 468A.310.

(b) Before establishing fees pursuant to this subsection, the commission shall consider the total fees for each class of sources subject to reporting under this subsection and for which permits are required under ORS 468A.040 or 468A.155 or the federal operating permit program under ORS 468A.315.

(c) The commission shall limit the fees established under this subsection to the anticipated cost of developing and implementing reporting programs. Any fees collected under this subsection for any air contamination source issued a permit under ORS 468A.040 or 468A.155 or sources subject to the federal operating permit program under ORS 468A.310 must be collected as part of the fee for that specific permit.

(5) Not more than once each calendar year, the commission may increase the fees established under this section. The amount of the annual increase may not exceed the anticipated increase in the cost of administering the reporting program or three percent, whichever is lower, unless a larger increase is provided for in the department’s legislatively approved budget. [Formerly 449.707 and then 468.320; 2009 c.389 §1; 2023 c.260 §7]

468A.055 Notice prior to construction of new sources; order authorizing or prohibiting construction; effect of no order; appeal. (1) The Environmental Quality Commission may require notice prior to the construction of new air contamination sources specified by class or classes in its rules or standards relating to air pollution.

(2) Within 30 days of receipt of such notice, the commission may require, as a condition precedent to approval of the construction, the submission of plans and specifications. After examination thereof, the commission may request corrections and revisions to the plans and specifications. The commission may also require any other information concerning air contaminant emissions as is necessary to determine whether the proposed construction is in accordance with the provisions of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B and applicable rules or standards adopted pursuant thereto.

(3) If the commission determines that the proposed construction is in accordance with the provisions of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B and applicable rules or standards adopted pursuant thereto, it shall enter an order approving such construction. If the commission determines that the construction does not comply with the provisions of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B and applicable rules or standards adopted pursuant thereto, it shall notify the applicant and enter an order prohibiting the construction.

(4) If within 60 days of the receipt of plans, specifications or any subsequently requested revisions or corrections to the plans and specifications or any other information required pursuant to this section, the commission fails to issue an order, the failure shall be considered a determination that the construction may proceed except where prohibited by federal law. The construction must comply with the plans, specifications and any corrections or revisions thereto or other information, if any, previously submitted.

(5) Any person against whom the order is directed may, within 20 days from the date of mailing of the order, demand a hearing. The demand shall be in writing, shall state the grounds for hearing and shall be mailed to the Director of the Department of Environmental Quality. The hearing shall be conducted pursuant to the applicable provisions of ORS chapter 183.

(6) The commission may delegate its duties under subsections (2) to (4) of this section to the Director of the Department of Environmental Quality. If the commission delegates its duties under this section, any person against whom an order of the director is directed may demand a hearing before the commission as provided in subsection (5) of this section.

(7) For the purposes of this section, “construction” includes installation and establishment of new air contamination sources. Addition to or enlargement or replacement of an air contamination source, or any major alteration or modification therein that significantly affects the emission of air contaminants shall be considered as construction of a new air contamination source. [Formerly 468.325; 1993 c.790 §4]

468A.060 Duty to comply with laws, rules and standards. Any person who complies with the provisions of ORS 468A.055 and receives notification that construction may proceed in accordance therewith is not thereby relieved from complying with any other applicable law, rule or standard. [Formerly 449.739 and then 468.330]

468A.065 Furnishing copies of rules and standards to building permit issuing agencies. Whenever under the provisions of ORS 468A.050 to 468A.070 rules or standards are adopted by either the Environmental Quality Commission or a regional authority, the commission or regional authority shall furnish to all building permit issuing agencies within its jurisdiction copies of such rules and standards. [Formerly 449.722 and then 468.335]

468A.070 Measurement and testing of contamination sources; rules. (1) Pursuant to rules adopted by the Environmental Quality Commission, the Department of Environmental Quality shall establish a program for measurement and testing of contamination sources and may perform such sampling or testing or may require any person in control of an air contamination source to perform the sampling or testing, subject to the provisions of subsections (2) to (4) of this section. Whenever samples of air or air contaminants are taken by the department for analysis, a duplicate of the analytical report shall be furnished promptly to the person owning or operating the air contamination source.

(2) The department may require any person in control of an air contamination source to provide necessary holes in stacks or ducts and proper sampling and testing facilities, as may be necessary and reasonable for the accurate determination of the nature, extent, quantity and degree of air contaminants which are emitted as the result of operation of the source.

(3) All sampling and testing shall be conducted in accordance with methods used by the department or equivalent methods of measurement acceptable to the department.

(4) All sampling and testing performed under this section shall be conducted in accordance with applicable safety rules and procedures established by law. [Formerly 449.702 and then 468.340]

468A.075 Variances from air contamination rules and standards; delegation to local governments; notices. (1) The Environmental Quality Commission may grant specific variances which may be limited in time from the particular requirements of any rule or standard to such specific persons or class of persons or such specific air contamination source, upon such conditions as it may consider necessary to protect the public health and welfare. The commission shall grant such specific variance only if it finds that strict compliance with the rule or standard is inappropriate because:

(a) Conditions exist that are beyond the control of the persons granted such variance; or

(b) Special circumstances render strict compliance unreasonable, burdensome or impractical due to special physical conditions or cause; or

(d) No other alternative facility or method of handling is yet available.

(2) The commission may delegate the power to grant variances to legislative bodies of local units of government or regional air quality control authorities in any area of the state on such general conditions as it may find appropriate. However, if the commission delegates authority to grant variances to a regional authority, the commission shall not grant similar authority to any city or county within the territory of the regional authority.

(3) A copy of each variance granted, renewed or extended by a local governmental body or regional authority shall be filed with the commission within 15 days after it is granted. The commission shall review the variance and the reasons therefor within 60 days of receipt of the copy and may approve, deny or modify the variance terms. Failure of the commission to act on the variance within the 60-day period shall be considered a determination that the variance granted by the local governmental body or regional authority is approved by the commission.

(4) In determining whether or not a variance shall be granted, the commission or the local governmental body or regional authority shall consider the equities involved and the advantages and disadvantages to residents and to the person conducting the activity for which the variance is sought.

(5) A variance may be revoked or modified by the grantor thereof after a public hearing held upon not less than 10 days’ notice. Such notice shall be served upon all persons who the grantor knows will be subjected to greater restrictions if such variance is revoked or modified, or are likely to be affected or who have filed with such grantor a written request for such notification. [Formerly 449.810 and then 468.345]

468A.080 Air and water pollution control permit for geothermal well drilling and operation; enforcement authority of director. (1) Upon issuance of a permit pursuant to ORS 522.115, the Director of the Department of Environmental Quality shall accept applications for such appropriate permits under air and water pollution control laws as are necessary for the drilling of a geothermal well for which the permit has been issued and shall, within 30 days, act upon such application.

(2) The director shall continue to exercise enforcement authority over a permit issued pursuant to this section; and shall have primary responsibility in carrying out the policy set forth in ORS 468A.010, 468B.015 and rules adopted pursuant to ORS 468B.030, for air and water pollution control at geothermal wells which have been unlawfully abandoned, unlawfully suspended, or completed. [Formerly 468.350]

468A.085 Residential open burning of vegetative debris; rules; local government authority. (1) The Environmental Quality Commission shall establish by rule periods during which open burning of vegetative debris from residential yard cleanup shall be allowed or disallowed based on daily air quality and meteorological conditions as determined by the Department of Environmental Quality.

(2) After June 30, 1982, the commission may prohibit residential open burning in areas of the state if the commission finds:

(a) Such prohibition is necessary in the area affected to meet air quality standards; and

(b) Alternate disposal methods are reasonably available to a substantial majority of the population in the affected area.

(3)(a) Nothing in this section prevents a local government from taking any of the following actions if that governmental entity otherwise has the power to do so:

(A) Prohibiting residential open burning;

(B) Allowing residential open burning on fewer days than the number of days on which residential open burning is authorized by the commission; or

(C) Taking other action that is more restrictive of residential open burning than a rule adopted by the commission under this section.

(b) Nothing in this section affects any local government ordinance, rule, regulation or provision that:

(A) Is more restrictive of residential open burning than a rule adopted by the commission under this section; and

(B) Is in effect on August 21, 1981.

(c) As used in this subsection, “local government” means a city, county, other local governmental subdivision or a regional air quality control authority established under ORS 468A.105. [Formerly 468.355]

468A.095 [1995 c.746 §29; repealed by 2011 c.83 §24]

468A.096 [1995 c.746 §30; 1999 c.21 §77; repealed by 2011 c.83 §24]

468A.098 [1995 c.746 §31; 1999 c.59 §139; repealed by 2011 c.83 §24]

REGIONAL AIR QUALITY CONTROL AUTHORITIES

468A.100 Definitions for ORS 468A.010 and 468A.100 to 468A.180. As used in ORS 468A.010 and 468A.100 to 468A.180, unless the context requires otherwise:

(1) “Board of directors” means the board of directors of a regional air quality control authority.

(2) “Governing body” means the county court or city legislative body.

(3) “Participating city” or “participating county” means a city or county or part of a county, or combination thereof, meeting the population requirements of ORS 468A.105 or having had such requirements waived under ORS 468A.110 that has joined with other eligible cities or counties or parts of counties to form a regional air quality control authority.

(4) “Regional authority” means a regional air quality control authority established under the provisions of ORS 468A.105. [Formerly 449.850 and then 468.500]

468A.105 Formation of regional air quality control authorities. (1) Notwithstanding the provisions of any law or charter to the contrary, a regional air quality control authority may be formed of contiguous territory having a population of at least 130,000 and consisting of two or more counties or parts of counties, two or more cities, or any combination thereof, or any county and a city or cities within the county.

(2) A regional authority shall be formed in the following manner:

(a) The cities and counties proposing to form a regional authority shall adopt ordinances or resolutions specifying the name of the proposed regional authority and setting forth the participating cities and counties, the principal places of business and the boundaries of the proposed regional authority; and

(b) A certified copy of the ordinances or resolutions adopted by each city or county shall be filed with the Secretary of State and with the Director of the Department of Environmental Quality; and

(c) The Environmental Quality Commission shall order the regional authority formed if it finds that the participating governments plan adequate financing and the boundaries of the proposed region encompass territory reasonably included within a regional authority for purposes of air quality control.

(3) From and after the date of issuance of the order of the commission, the regional authority shall exercise its functions. [Formerly 449.855 and then 468.505]

468A.110 Waiver of population requirements. The Environmental Quality Commission may waive the population requirement of ORS 468A.105 whenever it is satisfied that adequate financing is planned by the participating governments and that the boundaries of the proposed region encompass territory reasonably included within a regional authority for purposes of air quality control. [Formerly 449.857 and then 468.510]

468A.115 Nature of authority. A regional air quality control authority is a body corporate, having perpetual succession and may:

(1) Sue and be sued.

(2) Adopt a seal.

(3) Acquire and hold real and other property necessary or incident to the exercise of its functions and sell or otherwise dispose of such property. [Formerly 449.870 and then 468.515]

468A.120 Board of directors; term. (1) The board of directors of a regional air quality control authority shall consist of not fewer than five nor more than nine members, designated as follows:

(a) One member of the governing body of each participating county, to be designated by the governing body of the county.

(b) One member of the governing body of each participating city of 25,000 or more population located within a participating county.

(c) Where regional air pollution authorities cover only one county, one additional member for each 35,000 population over 25,000 in a participating city, not to exceed three members from the city, to be designated by the governing body of the city. Any additional member designated under this paragraph may be either a member of the governing body or a resident of the participating city.

(d) One member of the governing body of each participating city of less than 25,000 but more than 2,000 population located within a participating county, not to exceed two members under this paragraph. If the number of participating cities described by this paragraph exceeds two, the governing bodies of the participating cities described by this paragraph shall jointly designate the two members.

(e) One or more additional members, if the board would otherwise consist of an even number of members or less than the minimum number required by subsection (1) of this section, to be selected by the members designated under paragraphs (a) to (d) of this subsection, which member or members may be either a member of the governing body or a resident of a participating city or county.

(2) A member designated under subsection (1)(a) to (d) of this section who is a member of a governing body shall hold office at the pleasure of the governing body by which the member was designated. A member designated under subsection (1)(c) of this section who is a resident of a participating city shall serve for a term established by the appointing governing body, not to exceed four years. Any member designated under subsection (1)(e) of this section shall serve for a term of two years.

(3) The term of any member shall terminate at any time:

(a) When the member is no longer a member of the governing body of the city or county by which the member was designated;

(b) If appointed under subsection (1)(c) or (d) of this section, when the member is no longer a member of the governing body of a participating city;

(c) If designated under subsection (1)(e) of this section, when the member is no longer a member of the governing body of a participating city or county; or

(d) If the member is appointed as a resident under subsection (1)(c) or (e) of this section, when the member is no longer a resident of the participating city or county by which the member was designated. [Formerly 449.865 and then 468.520; 2015 c.426 §1]

468A.125 Board where population requirement waived. ORS 468A.120 applies to the designation of the members of the board of directors of a regional air quality control authority formed under a waiver authorized by ORS 468A.110. However, there shall be no maximum number of members and, in lieu of the members designated as provided in ORS 468A.120 (1)(b) to (d), members representing cities within the region shall be designated as follows:

(1) One member of the governing body of each participating city having a population of 2,000 or more and located within a participating county, not to exceed five members. If the number of such cities exceeds five, the governing bodies of the cities described by this subsection shall jointly select five members from the governing bodies of such cities.

(2) One member of the governing body of a participating city of less than 2,000 population, to be designated jointly by the governing bodies of participating cities, each having a population of less than 2,000. [Formerly 449.867 and then 468.525]

468A.130 Advisory committee; duties; members; term; chairperson; meetings. (1) The board of directors of the regional authority shall appoint an advisory committee which shall advise the board in matters pertaining to the region and particularly on methods and procedures for the protection of public health and welfare and of property from the adverse effects of air pollution.

(2) The advisory committee shall consist of at least seven members appointed for a term of three years with at least one representative from each of the following interests within the region:

(a) Public health agencies;

(b) Agriculture;

(d) Community planning;

(e) Fire suppression agencies; and

(f) The general public.

(3) The advisory committee shall select a chairperson and vice chairperson and such other officers as it considers necessary. Members shall serve without compensation, but may be allowed actual and necessary expenses incurred in the discharge of their duties. The committee shall meet as frequently as it or the board of directors considers necessary.

(4) Notwithstanding the provisions of subsection (2) of this section, the board of directors of the regional authority shall adopt by rule a method for establishing the initial terms of office of advisory committee members so that the terms of office do not all expire on the same date. [Formerly 468.530]

468A.135 Function of authority; rules. (1) When authorized to do so by the Environmental Quality Commission, a regional authority formed under ORS 468A.105 shall exercise the functions relating to air pollution control vested in the commission and the Department of Environmental Quality by ORS 468.020, 468.035, 468.065, 468.070, 468.090, 468.095, 468.120, 468.140, 468A.025, 468A.040, 468A.050, 468A.055, 468A.065, 468A.070 and 468A.700 to 468A.755 insofar as such functions are applicable to the conditions and situations of the territory within the regional authority. The regional authority shall carry out these functions in the manner provided for the commission and the department to carry out the same functions. Such functions may be exercised over both incorporated and unincorporated areas within the territory of the regional authority, regardless of whether the governing body of a city within the territory of the region is participating in the regional authority.

(2) No regional authority is authorized to establish or alter areas or to adopt any rule or standard that is less strict than any rule or standard of the commission. The regional authority must submit to the commission for its approval all air quality standards adopted by the regional authority prior to enforcing any such standards.

(3) Subject to ORS 468A.140, 468A.145 and 468A.165, when a regional authority is exercising functions under subsection (1) of this section, the commission and the department shall not exercise the same functions in the same territory. The regional authority’s jurisdiction shall be exclusive. The regional authority shall enforce rules and standards of the commission as required to do so by the commission.

(4) The commission and the regional authorities may regulate, limit, control or prohibit by rule all air contamination sources not otherwise exempt within their respective jurisdictions. However, field burning and forestland burning shall be regulated by the commission and fire permit agencies as provided in ORS 468A.555 to 468A.620 and 468A.992, 476.380, 477.505 to 477.562 and 478.960. [Formerly 468.535; 1993 c.420 §1]

468A.140 Assumption, retention and transfer of control over classes of air contamination sources. (1) The Environmental Quality Commission may assume and retain control over any class of air contamination source if it finds that such control is beyond the reasonable capabilities of the regional authorities because of the complexity or magnitude of the source.

(2) If the commission does assume or retain control over any class of air contamination source under subsection (1) of this section, a regional authority may petition for the restoration or transfer of such control. If the commission finds that the reason for its assumption or retention is no longer valid, it may restore or transfer control over the class of air contaminants to the regional authority. [Formerly 449.910 and then 468.540]

468A.145 Contract for commission to retain authority under ORS 468A.135. A regional authority may contract with the Environmental Quality Commission for the commission to retain all or part of the authority that would otherwise be granted to the regional authority under ORS 468A.135, subject to terms of the contract. [Formerly 449.863 and then 468.545]

468A.150 Conduct of public hearings; entry of orders. (1) All public hearings other than those held prior to adoption of rules or standards shall be held by the board of directors or before any member or members of the board of directors or a hearing officer, as the board of directors may designate. Such hearings shall be conducted in the manner prescribed in ORS chapter 183.

(2) If a majority of the board of directors has conducted the hearing, it shall enter its order within 60 days after the conclusion of the hearing. If the hearing is conducted by a hearing officer, or by a member or members constituting less than a majority of the board, the final decision shall be made and entered by the board within 60 days after conclusion of the hearing if no exceptions are filed, or within 60 days after final arguments on written exceptions to a proposed decision are heard. [Formerly 449.890 and then 468.550]

468A.155 Rules authorizing regional permit programs. (1) The Environmental Quality Commission by rule may authorize regional authorities to issue permits for air contamination sources within their areas of jurisdiction.

(2) Permit programs established by regional authorities pursuant to subsection (1) of this section shall:

(a) Conform to the requirements of ORS 468.065, 468A.040, 468A.045 and 468A.300 to 468A.320;

(b) Be subject to review and approval by the commission; and

(c) If the permit program is a Title V program, include a provision to transfer a portion of the permit fees imposed for the program to the Department of Environmental Quality, sufficient to pay the expenses of the department incurred in including the regional program in the state program and for the department’s oversight of the regional program. [Formerly 449.883 and then 468.555; 1993 c.790 §5]

468A.160 Expansion or dissolution of authority. (1) The territory of a regional authority may be expanded in the manner provided for forming regions by inclusion of an additional contiguous county or city if:

(a) All of the governing bodies of the participating counties and cities adopt ordinances or resolutions authorizing the inclusion of the additional territory;

(b) The governing body of the proposed county or city adopts such ordinance or resolution as would be required to form a regional authority; and

(2) Any regional authority may be dissolved by written consent of the governing bodies of all participating counties and cities. Upon dissolution, any assets remaining after payment of all debts shall be divided among the participating counties and cities in direct proportion to the total amount contributed by each. However, all rules, standards and orders of the regional authority shall continue in effect until superseded by action of the commission. [Formerly 449.900 and then 468.560; 2007 c.71 §149]

468A.165 Compliance with state standards required; hearing; notice. (1) The Environmental Quality Commission may require that necessary corrective measures be undertaken within a reasonable time if, after hearing, it finds that:

(a) A regional authority has failed to establish an adequate air quality control program within a reasonable time after its formation; or

(b) An air quality control program in force in the territory of a regional authority is being administered in a manner inconsistent with the requirements of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

(2) Notice of the hearing required under subsection (1) of this section shall be sent to the regional authority not less than 30 days prior to the hearing.

(3) If the regional authority fails to take the necessary corrective measures within the time required, the commission shall undertake a program of administration and enforcement of the air quality control program in the territory of the regional authority. The program instituted by the commission shall supersede all rules, standards and orders of the regional authority.

(4) If, in the judgment of the commission, a regional authority is able to requalify to exercise the functions authorized in ORS 468A.135, the commission shall restore those functions to the regional authority and shall not exercise the same functions in the territory of the regional authority. [Formerly 449.905 and then 468.565]

468A.170 Payment of costs of services to authority by state. Any consultation and services provided to regional authorities or local air quality control programs by the Environmental Quality Commission may be paid for either from funds appropriated to the commission or under agreements between the parties on a reimbursable basis. [Formerly 449.915 and then 468.570]

468A.175 State aid. (1) Subject to the availability of funds therefor:

(a) Any air quality control program conforming to the rules of the Environmental Quality Commission and operated by not more than one unit of local government shall be eligible for state aid in an amount not to exceed 30 percent of the locally funded annual operating cost thereof, not including any federal funds to which the program may be entitled.

(b) Any air quality control program exercising functions operated by a regional authority shall be eligible for state aid in an amount not to exceed 50 percent of the locally funded annual operating cost thereof, not including any federal funds to which the program may be entitled.

(2) Applications for state funds shall be made to the commission and funds shall be made available under subsection (1) of this section according to the determination of the commission. In making its determination, the commission shall consider:

(a) The adequacy and effectiveness of the air quality control program.

(b) The geographic and demographic factors in the territory under the program.

(3) In order to qualify for any state aid and subject to the availability of funds therefor, the local government or the regional authority must submit all applications for federal financial assistance to the commission before submitting them to the federal government.

(4) When certified by the commission, claims for state aid shall be presented for payment in the manner that other claims against the state are paid. [Formerly 449.920 and then 468.575]

468A.180 Payment of certain court costs not required. A regional authority shall not be required to pay any filing, service or other fees or furnish any bond or undertaking upon appeal or otherwise in any action or proceedings in any court in this state in which it is a party or interested. [Formerly 449.923 and then 468.580]

CLIMATE CHANGE

(Natural Climate Solutions)

468A.183 Definitions. As used in ORS 468A.183 to 468A.199:

(1) “Biological carbon sequestration” means the removal of carbon from the atmosphere by plants and microorganisms and storage of carbon dioxide in vegetation, such as grasslands, marshes or forests, or in soils and oceans.

(2) “Climate resilience” means the capability to anticipate, prepare for, respond to and recover from significant climate-related threats while minimizing damage to social well-being, the economy and ecosystem functions.

(3) “Environmental justice community” has the meaning given that term in ORS 182.535.

(4) “Natural and working lands” means:

(a) Lands:

(A) Actively used by an agricultural owner or operator for an agricultural operation, including but not limited to active engagement in farming or ranching;

(B) Producing forest products;

(C) Consisting of forests, woodlands, grasslands, sagebrush steppes, deserts, freshwater and riparian systems, wetlands, coastal and estuarine areas or the submerged and submersible lands within Oregon’s territorial sea and marine habitats associated with those lands;

(D) That are privately owned and that are eligible for special assessment under ORS chapter 308A;

(E) Used for recreational purposes, including, but not limited to, parks, trails, greenbelts and other similar open space lands; or

(F) Consisting of trees, other vegetation and soils in urban and near-urban areas, including, but not limited to, urban watersheds, street trees, park trees, residential trees and riparian habitats; and

(b) Lands described in paragraph (a) of this subsection that are:

(A) Held in trust by the United States for the benefit of any of the nine federally recognized Indian tribes in this state;

(B) Held in trust by the United States for the benefit of individual members of any of the nine federally recognized Indian tribes in this state;

(D) Otherwise owned or controlled by any of the nine federally recognized Indian tribes in this state.

(5) “Natural climate solution” means an activity that enhances or protects net biological carbon sequestration on natural and working lands, while maintaining or increasing ecosystem resilience and human well-being. [2023 c.442 §53]

Note: 468A.183 to 468A.199 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

468A.185 Policy. The Legislative Assembly declares that it is the policy of this state to:

(1) Implement strategies to advance natural climate solutions to mitigate the future impacts of climate change.

(2) Invest in research to improve our understanding of:

(a) The effects of natural climate solutions on natural and working lands;

(b) The climate, ecosystem and carbon benefits of products from natural and working lands;

(c) The contributions of natural climate solutions to reducing greenhouse gas emissions, increasing net carbon sequestration and storage and strengthening climate resilience; and

(d) The cobenefits that communities and Indian tribes derive from natural climate solutions.

(3) Incentivize and implement natural climate solutions by:

(a) Securing and leveraging federal and private investments in natural climate solutions on natural and working lands;

(b) Prioritizing the use of existing programs;

(c) Ensuring equitable benefits of climate mitigation for environmental justice communities, landowners and land managers; and

(d) Ensuring that a diversity of landowners and managers are able to voluntarily participate in incentive-based programs for natural climate solutions and climate resilience through activities that may include, but are not limited to:

(A) Removing barriers for Indian tribes, environmental justice communities, landowners and land managers to engage in natural climate solutions or access funding to support natural climate solutions;

(B) Identifying resources to provide incentives to land managers interested in voluntarily adopting practices that optimize natural climate solutions;

(C) Strengthening education, engagement and technical assistance efforts for land managers, Indian tribes and environmental justice communities;

(D) Providing financial assistance for Indian tribes, local governments or nongovernmental organizations for the purpose of entering into voluntary transactions with willing landowners to acquire natural and working lands to enhance the local benefits of natural climate solutions;

(E) Increasing and deploying natural climate solutions in and around our urban and built environment; and

(F) Optimizing the social, health, ecological, climate resilience and economic benefits of natural climate solutions, including:

(i) Reducing heat island effects;

(ii) Improving air quality;

(iii) Improving flood control;

(iv) Improving soil health and productivity;

(v) Improving wildfire resilience and community protection;

(vi) Improving drought resilience and response;

(vii) Improving stream health, wetland recovery and riparian functionality;

(viii) Protecting and recovering drinking watersheds for enhanced water quality and quantity;

(ix) Maintaining or increasing short-term, mid-term and long-term fiber supplies;

(x) Maintaining or increasing food supplies;

(xi) Increasing the climate resilience of fish, wildlife and their habitats;

(xii) Improving protection for coastal communities from the impacts of storm surge; and

(xiii) Improving public health. [2023 c.442 §54]

Note: See note under 468A.183.

468A.187 Natural and Working Lands Fund. (1) The Natural and Working Lands Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Natural and Working Lands Fund shall be credited to the fund. Moneys in the Natural and Working Lands Fund are continuously appropriated to the Oregon Watershed Enhancement Board for the purpose of transferring moneys to the funds described in subsection (2) of this section as directed by the Oregon Climate Action Commission under ORS 468A.189.

(2) The board shall annually transfer moneys in the Natural and Working Lands Fund to the following funds in accordance with ORS 468A.189:

(a) The Agriculture Natural Climate Solutions Fund established under ORS 561.157.

(b) The Forestry Natural Climate Solutions Fund established under ORS 526.127.

(d) The Fish and Wildlife Natural Climate Solutions Fund established under ORS 496.268. [2023 c.442 §55]

Note: See note under 468A.183.

468A.189 Allocations from Natural and Working Lands Fund; uses of allocated amounts; rules. (1)(a) The Oregon Climate Action Commission shall annually determine amounts to be allocated from the Natural and Working Lands Fund. The commission shall evaluate the following factors when determining amounts to allocate under this subsection:

(A) The expected ability of each agency to carry out programs or other activities under this section; and

(B) The degree to which moneys allocated to the agency may be used to secure federal funding or other sources of funding.

(b) Prior to determining the allocations under this subsection, the commission shall consult with the State Department of Agriculture, the State Forestry Department, the State Department of Fish and Wildlife and the Oregon Watershed Enhancement Board to determine each agency’s proposed uses for moneys allocated from the Natural and Working Lands Fund.

(c) In accordance with the provisions of ORS chapter 183, the commission may adopt rules for determining the amount of allocations to agencies as provided in this subsection.

(2) The Oregon Watershed Enhancement Board shall transfer moneys under ORS 468A.187 when directed to do so by the commission in the amounts determined by the commission.

(3) The State Department of Agriculture, the State Forestry Department and the Oregon Watershed Enhancement Board shall use moneys allocated from the Natural and Working Lands Fund to establish and implement programs to:

(a) Provide incentives to help landowners, Indian tribes, land managers and environmental justice communities adopt practices that support natural climate solutions; and

(b) Provide financial assistance for technical support for landowners, Indian tribes, land managers and environmental justice communities for the adoption of natural climate solutions.

(4) Of the moneys expended by each agency pursuant to subsection (3) of this section, priority shall be given to expenditures for:

(a) Technical assistance to environmental justice communities or Indian tribes; and

(b) Incentives for programs or activities supported by an environmental justice community or supported by a resolution of an Indian tribe, with priority given to those projects or activities administered or proposed by an environmental justice community or an Indian tribe.

(5) The State Department of Fish and Wildlife shall use moneys allocated from the Natural and Working Lands Fund to promote natural climate solutions and mitigate the future impacts of climate change by:

(a) Conducting research to understand:

(A) The effects of natural climate solutions on natural and working lands;

(B) The climate, ecosystem and carbon benefits of products from natural and working lands;

(C) The contributions of natural climate solutions to reducing greenhouse gas emissions, increasing net carbon sequestration and storage and strengthening climate resilience; and

(D) The cobenefits to communities and Indian tribes that derive from natural climate solutions.

(b)(A) Relying on existing programs where possible, securing federal matching funds or other sources of funding to support investments in natural climate solutions on natural and working lands.

(B) In carrying out this paragraph, the department shall ensure the benefits of natural climate solutions are equitably distributed among landowners, Indian tribes, land managers and environmental justice communities.

(6) The State Department of Agriculture, the State Forestry Department, the State Department of Fish and Wildlife and the Oregon Watershed Enhancement Board, in consultation with the Oregon Climate Action Commission, may adopt rules as necessary to carry out the programs described in this section. Rules adopted by agencies administering programs for financial assistance or incentives may include, but need not be limited to, rules establishing application procedures, eligibility criteria, maximum amounts for individual grant awards and reporting requirements for grant recipients.

(7) The Oregon Climate Action Commission, the State Department of Agriculture, the State Forestry Department, the State Department of Fish and Wildlife and the Oregon Watershed Enhancement Board shall jointly:

(a) Coordinate, to the maximum extent practicable, on the development and implementation of programs and activities related to natural climate solutions to reduce duplication and overlapping or redundant efforts;

(b) Review, at regular intervals, progress made in implementing natural climate solutions and barriers to future implementation;

(d) Identify opportunities for leveraging natural climate solution capacities across agencies.

(8) The Oregon Climate Action Commission shall provide a summary of the uses of the Natural and Working Lands Fund, and identify additional funding needs, in a report to the committees of the Legislative Assembly related to the environment, in the manner provided by ORS 192.245, no later than September 15 of each year.

(9) The State Department of Energy shall provide staff support to the commission for the purpose of carrying out the commission’s responsibilities under this section. The department may contract with a third party to provide staff support services described in this subsection. [2023 c.442 §56]

Note: See note under 468A.183.

468A.191 Report to Legislative Assembly. (1) No later than December 1 of each even-numbered year, the Oregon Climate Action Commission, in consultation with the State Department of Energy, the State Department of Agriculture, the State Forestry Department, the State Department of Fish and Wildlife and the Oregon Watershed Enhancement Board, shall submit a report, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to the environment and the Governor. The report shall include:

(a) A list of projects funded by the Natural and Working Lands Fund during the previous 24 months and the amount expended for each project.

(b) A summary of state, federal and private sources of funding for natural climate solutions projects funded by the Natural and Working Lands Fund established under ORS 468A.187.

(c) An assessment of projects described in paragraphs (a) and (b) of this subsection in light of the baseline and metrics adopted under ORS 468A.193.

(d) A list of projects, grants or other activities that are planned for the upcoming calendar year.

(e) A list of projects deployed in environmental justice communities.

(2) Before finalizing the report under subsection (1) of this section, the commission shall solicit public comment on the report and include a summary of comments received in the final version of the report submitted to the Legislative Assembly and Governor.

(3) The State Department of Energy shall provide staff support to the commission for the purpose of preparing the report under this section. The department may contract with a third party to provide staff support services described in this subsection. [2023 c.442 §57]

Note: See note under 468A.183.

468A.193 Net biological carbon sequestration and storage baseline; activity-based and community impact metrics. (1) The State Department of Energy and the Oregon Climate Action Commission shall, in coordination with the State Forestry Department, the State Department of Agriculture, the State Department of Fish and Wildlife, the Oregon Watershed Enhancement Board the Department of State Lands, the State Parks and Recreation Department and the Department of Land Conservation and Development, and in consultation with relevant federal agencies, establish and maintain:

(a) A net biological carbon sequestration and storage baseline for natural and working lands;

(b) Activity-based metrics in accordance with subsection (3) of this section; and

(2) The net biological carbon sequestration and storage baseline may use 1990 as a baseline year if the department determines that there is adequate information to support setting the baseline at that year.

(3) Activity-based metrics shall be used to evaluate progress toward increasing net biological carbon sequestration and storage in natural and working lands, as measured against the net carbon sequestration and storage baseline. Activity-based metrics may include, but need not be limited to, acres of lands for which certain management practices have been adopted.

(4) Community impact metrics shall be used to evaluate the positive and negative effects, over time, of strategies for net biological carbon sequestration and storage in natural and working lands on landowners, land managers and communities. Community impact metrics may include, but need not be limited to:

(a) Metrics to measure the effects of net biological carbon sequestration and storage strategies on jobs, local economies, environmental integrity and public health; and

(b) Metrics to evaluate the accessibility of a diverse range of landowners to net biological carbon sequestration and storage programs.

(5) Before finalizing the net biological carbon sequestration and storage baseline, activity-based metrics and community impact metrics, the State Department of Energy and the commission shall make draft versions publicly available and receive comments from the public, state agencies and the advisory committee established under ORS 468A.197.

(6) The State Department of Energy and the Oregon Climate Action Commission, in consultation with the State Forestry Department, the State Department of Agriculture, the Oregon Watershed Enhancement Board, the State Department of Fish and Wildlife, shall, no later than January 1, 2025, establish nonbinding biological carbon sequestration and storage goals for Oregon’s natural and working lands and update those goals as new information becomes available.

(7) The State Department of Energy may contract with a third party to assist the department in performing its duties under this section. [2023 c.442 §58]

Note: See note under 468A.183.

468A.195 Net biological carbon sequestration and storage inventory. (1) The State Department of Energy and the Oregon Climate Action Commission, in coordination with the State Forestry Department, the State Department of Agriculture, the Oregon Watershed Enhancement Board, the Department of State Lands, the Department of Land Conservation and Development and federal land management partners, shall develop a natural and working lands net biological carbon sequestration and storage inventory. The inventory must:

(a) Be based on the best available field-based and remote sensing data on biological carbon sequestration;

(b) To the greatest extent possible, be developed using methods consistent with methods used to assess greenhouse gas fluxes related to land use, land change and forestry for the United States Environmental Protection Agency’s Inventory of U.S. Greenhouse Gas Emissions and Sinks; and

(2) Before finalizing the inventory, the State Department of Energy and the commission shall make a draft version publicly available and receive comments from the public, state agencies and the advisory committee established under ORS 468A.197.

(3) The State Department of Energy shall update the inventory and submit a report describing the inventory to the Oregon Climate Action Commission no later than December 1 of each even-numbered year.

(4) The State Department of Energy may contract with a third party to assist the department in performing its duties under this section. [2023 c.442 §59]

Note: See note under 468A.183.

468A.197 Advisory committee; members. (1) The Oregon Climate Action Commission may appoint a natural and working lands advisory committee to advise the commission in the performance of the commission’s duties under ORS 468A.183 to 468A.199. The commission shall seek recommendations for committee members from industry and advocacy associations where appropriate.

(2) The advisory committee shall consist of at least 15 members appointed as follows:

(a) One member with expertise in tribal culture, customs and government;

(b) One local government representative from a county whose primary economic activity is derived from the agriculture, forestry, fishing and hunting industries, as described by code 11 of the North American Industry Classification System;

(d) Three members with experience in forestry or forest products, including one member who is a private forest landowner with less than 5,000 acres of forestland;

(e) Two members with expertise in agriculture, including one member who owns a small family farming operation;

(f) One member with expertise in livestock;

(g) One member with expertise in blue carbon;

(h) One member with expertise in environmental justice;

(i) Two members with expertise in conservation or environmental management; and

(j) Two members with expertise in landowner technical assistance.

(3) The commission may appoint additional members as needed to provide additional expertise or represent other interests.

(4) The State Department of Energy shall provide staff support for the advisory committee. The department may contract with a third party to provide staff support services under this subsection. [2023 c.442 §62]

Note: See note under 468A.183.

468A.199 Consultation with federally recognized Indian tribes. The Oregon Climate Action Commission shall establish a process for consultation with representatives of federally recognized Indian tribes in this state to advise the commission on the performance of its duties under ORS 468A.183 to 468A.199, including the identification of opportunities to support indigenous practices and knowledge from tribal nations to sequester and store carbon on natural and working lands. [2023 c.442 §63]

Note: See note under 468A.183.

Note: Sections 60 and 61, chapter 442, Oregon Laws 2023, provide:

Sec. 60. Workforce and training program study; report. (1) The State Department of Energy, in coordination with the Oregon Climate Action Commission, shall study the workforce and training programs needed to support adoption of natural climate solutions on natural and working lands.

(2) The department shall provide the results of the study, and may include recommendations for legislation, in a report to the committees of the Legislative Assembly related to the environment, in the manner provided under ORS 192.245, no later than September 15, 2024.

(3) The department may contract with a third party to assist the department in performing its duties under this section. [2023 c.442 §60]

Sec. 61. Section 60 of this 2023 Act is repealed on January 2, 2025. [2023 c.442 §61]

(Oregon Climate Action Commission)

468A.200 Legislative findings. The Legislative Assembly finds that:

(1) In December 2004 the Governor’s Advisory Group on Global Warming issued its report calling for immediate and significant action to address global warming, to reduce Oregon’s exposure to the risks of global warming and to begin to prepare for the effects of global warming. The advisory group also identified 46 specific recommendations for measurable reductions in the state’s greenhouse gas emissions.

(2) In partnership with the Governor’s advisory group, 50 scientists signed the “Scientific Consensus Statement on the Likely Impacts of Climate Change on the Pacific Northwest,” which examined the potential effects of climate change on temperature, precipitation, sea level, marine ecosystems and terrestrial ecosystems. The scientists recommended additional, improved scientific studies and modeling of the effects of climate change on the atmosphere, oceans and land, as well as modeling of the effects of economic and management policies.

(3) Global warming poses a serious threat to the economic well-being, public health, natural resources and environment of Oregon.

(4) Oregon relies on snowpack for summer stream flows to provide energy, municipal water, watershed health and irrigation. Also, a potential rise in sea levels threatens Oregon’s coastal communities. Reduced snowpack, changes in the timing of stream flows, extreme or unusual weather events, rising sea levels, increased occurrences of vector-borne diseases and impacts on forest health could significantly impact the economy, environment and quality of life in Oregon.

(5) Oregon forests play a significant role in sequestering atmospheric carbon, and losing this potential to sequester carbon will have a significant negative effect on the reduction of carbon levels in the atmosphere.

(6) Global warming will have detrimental effects on many of Oregon’s largest industries, including agriculture, wine making, tourism, skiing, recreational and commercial fishing, forestry and hydropower generation, and will therefore negatively impact the state’s workers, consumers and residents.

(7) There is a need to assess the current level of greenhouse gas emissions in Oregon, to monitor the trend of greenhouse gas emissions in Oregon over the next several decades and to take necessary action to begin reducing greenhouse gas emissions in order to prevent disruption of Oregon’s economy and quality of life and to meet Oregon’s responsibility to reduce the impacts and the pace of global warming.

(8) Oregon has been a national leader in energy conservation and environmental stewardship, including the areas of energy efficiency requirements and investments, renewable energy investments, natural resource conservation, greenhouse gas offset requirements and investments, and global warming pollution standards for passenger vehicles. Significant opportunities remain to reduce greenhouse gas emissions statewide, especially from major contributors of greenhouse gas emissions, including electricity production, transportation, building construction and operation, and the residential and consumer sectors.

(9) Actions to reduce greenhouse gas emissions will reduce Oregon’s reliance on foreign sources of energy, lead to the development of technology, attract new businesses to Oregon and increase energy efficiency throughout the state, resulting in benefits to the economy and to individual businesses and residents.

(10) In devising measures to achieve reduction of greenhouse gas emissions, Oregon must strive to not disadvantage Oregon businesses as compared to businesses in other states with which Oregon cooperates on regional greenhouse gas emissions reduction strategies.

(11) Policies pursued, and actions taken, by Oregon will:

(a) In concert with complementary policies and actions by other states and the federal government, substantially reduce the global levels of greenhouse gas emissions and the impacts of those emissions;

(b) Encourage similar policies and actions by various stakeholders;

(d) Directly benefit the state and local governments, businesses and residents. [2007 c.907 §1]

Note: 468A.200 to 468A.260 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

468A.205 Policy; greenhouse gas emissions reduction goals. (1) The Legislative Assembly declares that it is the policy of this state to reduce greenhouse gas emissions in Oregon pursuant to the following greenhouse gas emissions reduction goals:

(a) By 2010, arrest the growth of Oregon’s greenhouse gas emissions and begin to reduce greenhouse gas emissions.

(b) By 2020, achieve greenhouse gas levels that are 10 percent below 1990 levels.

(2) The Legislative Assembly declares that it is the policy of this state for state and local governments, businesses, nonprofit organizations and individual residents to prepare for the effects of global warming and by doing so, prevent and reduce the social, economic and environmental effects of global warming.

(3) This section does not create any additional regulatory authority for an agency of the executive department as defined in ORS 174.112. [2007 c.907 §2]

Note: See note under 468A.200.

468A.210 Definitions for ORS 468A.200 to 468A.260. As used in ORS 468A.200 to 468A.260:

(1) “Global warming” means an increase in the average temperature of the earth’s atmosphere that is associated with the release of greenhouse gases.

(2) “Greenhouse gas” means any gas that contributes to anthropogenic global warming including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. [2007 c.907 §3; 2023 c.442 §39]

Note: See note under 468A.200.

468A.215 Oregon Climate Action Commission; appointment; term; vacancies; expenses of members. (1) There is created the Oregon Climate Action Commission. The commission shall consist of 35 members, including 13 voting members appointed by the Governor under this section and 22 nonvoting members specified in ORS 468A.220.

(2) Members of the commission appointed under this section shall be appointed so as to be representative of the social, environmental, cultural and economic diversity of the state and to be representative of the policy, science, education and implementation elements of the efforts to reduce greenhouse gas emissions and to prepare Oregon for the effects of global warming. Of the members appointed by the Governor under this section:

(a) One member shall have significant experience in manufacturing;

(b) One member shall have significant experience in energy;

(d) One member shall have significant experience in forestry;

(e) One member shall have significant experience in agriculture;

(f) One member shall have significant experience in environmental policy;

(g) One member shall have significant experience in environmental justice;

(h) One member shall be appointed as a youth representative, who must be at least 16 but no more than 24 years of age when appointed; and

(i) One member shall have significant experience in the fishing industry.

(3) The Governor shall select a chairperson and a vice chairperson from among the members appointed under this section.

(4) The term of office of a member appointed under this section is four years, except that the term of office of the member appointed as a youth representative is two years. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 31 next following. A member appointed under this section is eligible for reappointment. In case of vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(5) The members of the commission appointed under this section must be residents of this state. Failure of a member to maintain compliance with the eligibility requirements related to the member’s appointment shall result in disqualification from serving on the commission.

(6) Voting members of the commission appointed under this section are entitled to expenses as provided in ORS 292.495 (2). [2007 c.907 §4; 2023 c.442 §40]

Note: See note under 468A.200.

468A.220 Nonvoting members. (1) In addition to the members appointed under ORS 468A.215, the Oregon Climate Action Commission includes the following nonvoting members:

(a) The Director of the State Department of Energy;

(b) The Director of Transportation;

(d) The Director of the Department of Environmental Quality;

(e) The Director of Agriculture;

(f) The State Forester;

(g) The Water Resources Director;

(h) The Director of the Department of Land Conservation and Development;

(i) The Director of the Oregon Health Authority;

(j) The Director of the Oregon Business Development Department;

(k) The Director of the Oregon Department of Administrative Services;

(L) The Director of the Department of Consumer and Business Services;

(m) The State Fish and Wildlife Director;

(n) The Director of the Housing and Community Services Department;

(o) The executive director of the Oregon Watershed Enhancement Board; and

(p) Three additional nonvoting members, each from a state agency or an academic institution.

(2) The following representatives of the Legislative Assembly also shall serve as nonvoting members:

(a) Two members of the Senate, not from the same political party, appointed by the President of the Senate; and

(b) Two members of the House of Representatives, not from the same political party, appointed by the Speaker of the House of Representatives.

(3) Each legislative member serves at the pleasure of the appointing authority and may serve so long as the member remains in the chamber of the Legislative Assembly from which the member was appointed.

(4) Notwithstanding ORS 171.072, members of the commission who are members of the Legislative Assembly are not entitled to mileage expenses or a per diem and serve as volunteers on the commission. [2007 c.907 §5; 2011 c.272 §12; 2023 c.442 §41]

Note: See note under 468A.200.

468A.225 Meetings; quorum; personnel; agency reports. (1) A majority of the voting members of the Oregon Climate Action Commission constitutes a quorum for the transaction of business.

(2) The commission shall meet at times and places specified by a majority of the members of the commission.

(3) The State Department of Energy shall provide clerical, technical and management personnel to serve the commission.

(4) In order to assist the commission in its duties, state agencies shall regularly report to the commission on the respective state agencies’ efforts to make progress toward the greenhouse gas emissions reduction goals established by ORS 468A.205 and to prepare for the effects of global warming. [2007 c.907 §7; 2023 c.442 §42]

Note: See note under 468A.200.

468A.230 Rules. The Oregon Climate Action Commission may adopt by rule such standards and procedures as it considers necessary for the operation of the commission. [2007 c.907 §8; 2023 c.442 §43]

Note: See note under 468A.200.

468A.235 Coordination of state and local efforts to reduce greenhouse gas emissions. The Oregon Climate Action Commission shall recommend ways to coordinate state and local efforts to reduce greenhouse gas emissions in Oregon consistent with the greenhouse gas emissions reduction goals established by ORS 468A.205 and shall recommend efforts to help Oregon prepare for the effects of global warming. The Office of the Governor and state agencies working on multistate and regional efforts to reduce greenhouse gas emissions shall inform the commission about these efforts and shall consider input from the commission for such efforts. [2007 c.907 §9; 2023 c.442 §44]

Note: See note under 468A.200.

468A.240 Recommendations; public comment. (1) In furtherance of the greenhouse gas emissions reduction goals established by ORS 468A.205, the Oregon Climate Action Commission may recommend statutory and administrative changes, policy measures and other recommendations to be carried out by state and local governments, businesses, nonprofit organizations or residents. In developing its recommendations, the commission shall consider economic, environmental, health and social costs, and the risks and benefits of alternative strategies, including least-cost options. The commission shall solicit and consider public comment relating to statutory, administrative or policy recommendations.

(2) The commission shall examine possible funding mechanisms to obtain low-cost greenhouse gas emissions reductions and energy efficiency enhancements, including but not limited to those in the natural gas industry. [2007 c.907 §10; 2023 c.442 §45]

Note: See note under 468A.200.

468A.245 Outreach strategy. The Oregon Climate Action Commission shall develop an outreach strategy to educate Oregonians about the scientific aspects and economic impacts of global warming and to inform Oregonians of ways to reduce greenhouse gas emissions and ways to prepare for the effects of global warming. The commission, at a minimum, shall work with state and local governments, the State Department of Energy, the Department of Education, the Higher Education Coordinating Commission and businesses to implement the outreach strategy. [2007 c.907 §11; 2013 c.768 §143c; 2023 c.442 §46]

Note: See note under 468A.200.

468A.250 Mandate of Oregon Climate Action Commission. (1) The Oregon Climate Action Commission shall track and evaluate:

(a) Economic, environmental, health and social assessments of global warming impacts on Oregon and the Pacific Northwest;

(b) Existing greenhouse gas emissions reduction policies and measures;

(c) Economic, environmental, health and social costs, and the risks and benefits of alternative strategies, including least-cost options;

(d) The physical science of global warming;

(e) Progress toward the greenhouse gas emissions reduction goals established by ORS 468A.205;

(f) Greenhouse gases emitted by various sectors of the state economy, including but not limited to industrial, transportation and utility sectors;

(g) Technological progress on sources of energy the use of which generates no or low greenhouse gas emissions and methods for carbon sequestration;

(h) Efforts to identify the greenhouse gas emissions attributable to the residential and commercial building sectors;

(i) The carbon sequestration potential of Oregon’s natural and working lands, alternative methods of land management that can increase carbon sequestration and reduce the loss of carbon sequestration to wildfire, changes in the mortality and distribution of tree and other plant species and the extent to which carbon is stored in tree-based building materials;

(j) The advancement of regional, national and international policies to reduce greenhouse gas emissions;

(k) Local and regional efforts to prepare for the effects of global warming; and

(L) Any other information, policies or analyses that the commission determines will aid in the achievement of the greenhouse gas emissions reduction goals established by ORS 468A.205.

(2) The commission shall:

(a) Work with the State Department of Energy and the Department of Environmental Quality to evaluate all gases with the potential to be greenhouse gases and to determine a carbon dioxide equivalency for those gases;

(b) Use regional and national baseline studies of building performance to identify incremental targets for the reduction of greenhouse gas emissions attributable to residential and commercial building construction and operations;

(d)(A) Periodically evaluate the greenhouse gas emissions reduction goals established by ORS 468A.205 and, as necessary, make recommendations to the Legislative Assembly for updating those goals based on the best available science.

(B) At a minimum, the commission shall complete an evaluation and provide any recommendations to the Legislative Assembly, in the manner provided in ORS 192.245, no later than 18 months after the date on which the United Nations Intergovernmental Panel on Climate Change publishes a synthesis report or the United States Global Change Research Program publishes a national climate assessment. [2007 c.907 §12; 2023 c.442 §47]

Note: See note under 468A.200.

468A.255 Citizen advisory groups. The Oregon Climate Action Commission may recommend to the Governor the formation of citizen advisory groups to explore particular areas of concern with regard to the reduction of greenhouse gas emissions and the effects of global warming. [2007 c.907 §13; 2023 c.442 §48]

Note: See note under 468A.200.

468A.260 Report to Legislative Assembly. The Oregon Climate Action Commission shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245, by December 1 of each even-numbered year that describes Oregon’s progress toward achievement of the greenhouse gas emissions reduction goals established by ORS 468A.205. The report may include relevant issues and trends of significance, including trends of greenhouse gas emissions, emerging public policy and technological advances. The report also may discuss measures the state may adopt to mitigate the impacts of global warming on the environment, the economy and the residents of Oregon and to prepare for those impacts. [2007 c.907 §14; 2023 c.442 §49]

Note: See note under 468A.200.

(Low Carbon Fuel Standards)

468A.265 Definitions. As used in ORS 468A.265 to 468A.277:

(1) “Biodiesel” means a motor vehicle fuel consisting of mono-alkyl esters of long chain fatty acids derived from vegetable oils, animal fats or other nonpetroleum resources, not including palm oil.

(2) “Clean fuels program” means the program adopted by rule by the Environmental Quality Commission under ORS 468A.266 (1)(b).

(3) “Compliance period” means the calendar year during which a regulated party must demonstrate compliance with the low carbon fuel standards through participation in the clean fuels program.

(4) “Credit” means a unit of measure generated when a fuel with a carbon intensity that is less than the applicable low carbon fuel standard is produced, imported or dispensed for use in Oregon, such that one credit is equal to one metric ton of carbon dioxide equivalent.

(5) “Credit aggregator” means a person who voluntarily registers to participate in the clean fuels program to facilitate credit generation on behalf of a credit generator and to trade credits with regulated parties, credit generators and other credit aggregators.

(6) “Credit generator” means a person eligible to generate credits by providing fuels for use in Oregon with carbon intensities less than the applicable low carbon fuel standard.

(7) “Deferral” means a delay or change in the applicability of a scheduled applicable low carbon fuel standard for a period of time, accomplished pursuant to an order issued under ORS 468A.273 or 468A.274.

(8) “Deficit” means a unit of measure generated when a fuel with a carbon intensity that is more than the applicable low carbon fuel standard is produced, imported or dispensed for use in Oregon, such that one deficit is equal to one metric ton of carbon dioxide equivalent.

(9) “Greenhouse gas” has the meaning given that term in ORS 468A.210.

(10) “Low carbon fuel standard” means a standard adopted by the commission by rule under ORS 468A.266 for the reduction of greenhouse gas emissions, on average, per unit of fuel energy.

(11) “Motor vehicle” has the meaning given that term in ORS 801.360.

(12) “Regulated party” means a person responsible for complying with the low carbon fuel standards.

(13) “Small deficit” means a net deficit balance at the end of a compliance period, after retirement of all credits held by a regulated party, that does not exceed a percentage set by the commission by rule of the total number of deficits that the regulated party generated for a compliance period and that may not be greater than 10 percent of the total number of deficits that the regulated party generated for a compliance period. [2017 c.750 §159]

468A.266 Low carbon fuel standards; clean fuels program; rules. (1) The Environmental Quality Commission, by rule:

(a) Shall adopt low carbon fuel standards for gasoline, diesel and fuels used as substitutes or alternatives for gasoline or diesel; and

(b) Shall adopt a clean fuels program for facilitating compliance with the low carbon fuel standards and for managing and containing the costs of compliance with the low carbon fuel standards, in accordance with the requirements of ORS 468A.265 to 468A.277.

(2) The commission may adopt rules related to the low carbon fuel standards, including but not limited to:

(a) A schedule to phase in implementation of the standards in a manner that reduces the average amount of greenhouse gas emissions per unit of fuel energy of the fuels by 10 percent below 2010 levels by the year 2025 or by a later date if the commission determines that an extension is appropriate to implement the low carbon fuel standards;

(b) Standards for greenhouse gas emissions attributable to the fuels throughout the lifecycles of the fuels, including but not limited to emissions from the production, storage, transportation and combustion of the fuels and from changes in land use associated with the fuels;

(c) Provisions allowing the use of all types of low carbon fuels to meet the low carbon fuel standards, including but not limited to biofuels, biogas, natural gas, liquefied petroleum gas, gasoline, diesel, hydrogen and electricity;

(d) Exemptions for fuels that are used in volumes below thresholds established by the commission;

(e) Standards, specifications, testing requirements and other measures as needed to ensure the quality of fuels produced in accordance with the low carbon fuel standards, including but not limited to the requirements of ORS 646.910 to 646.923 and administrative rules adopted by the State Department of Agriculture for motor fuel quality; and

(f) Adjustments to the amounts of greenhouse gas emissions per unit of fuel energy assigned to fuels for combustion and drive train efficiency.

(3) Before adopting low carbon fuel standards under this section, the commission shall consider the low carbon fuel standards of other states for the purpose of determining schedules and goals for the reduction of the average amount of greenhouse gas emissions per unit of fuel energy and the default values for these reductions for applicable fuels.

(4) The commission shall exempt from the low carbon fuel standards any person who imports in a calendar year less than 500,000 gallons of gasoline and diesel fuel, in total. Any fuel imported by persons that are related or share common ownership or control shall be aggregated together to determine whether a person is exempt under this subsection.

(5) In adopting rules under this section, the commission shall evaluate:

(a) Safety, feasibility, net reduction of greenhouse gas emissions and cost-effectiveness;

(b) Potential adverse impacts to public health and the environment, including but not limited to air quality, water quality and the generation and disposal of waste in this state;

(d) Technical and economic studies of comparable greenhouse gas emissions reduction measures implemented in other states and any other studies as determined by the commission. [Formerly 468A.275]

468A.268 Conditions for considering biodiesel as low carbon fuel; rules. (1) The Environmental Quality Commission by rule shall prohibit fuel that consists entirely of biodiesel, designated as B100, from being considered a low carbon fuel under the low carbon fuel standards unless the fuel complies with ASTM D 6751 and has an oxidation stability induction period of not less than eight hours as determined by the test method described in European standard EN 15751.

(2) The commission may adopt rules different from those required under subsection (1) of this section if an ASTM or EN standard applicable to biodiesel is approved or amended after March 12, 2015, or if the commission finds that different rules are necessary due to changes in technology or fuel testing or production methods. [2017 c.750 §161]

468A.270 [2009 c.754 §3; renumbered 468A.279 in 2017]

468A.271 Clean fuels program design requirements; duties of Department of Environmental Quality, State Department of Agriculture. (1) The clean fuels program adopted by the Environmental Quality Commission by rule under ORS 468A.266 must be designed such that:

(a) Regulated parties generate deficits and may reconcile the deficits, and thus comply with the low carbon fuel standards for a compliance period, by obtaining and retiring credits;

(b) Regulated parties and credit generators may generate credits for fuels used as substitutes or alternatives for gasoline or diesel;

(d) Regulated parties shall be allowed to carry over to the next compliance period a small deficit without penalty.

(2) The Department of Environmental Quality shall, throughout a compliance period, regularly monitor the availability of fuels needed for compliance with the low carbon fuel standards.

(3)(a) Under the clean fuels program, the department shall monthly calculate the volume-weighted average price of credits and, no later than the last day of the month immediately following the month for which the calculation is completed, post the formula and the nonaggregated data the department used for the calculation and the results of the calculation on the department’s website.

(b) In completing the calculation required by this subsection, the department may exclude from the data set credit transfers without a price or other credit transfers made for a price that falls two standard deviations outside of the mean credit price for the month. The data posted on the department’s website under this section may not include any individually identifiable information or information that would otherwise constitute a trade secret under ORS 192.345.

(4)(a) In addition to the calculation required under subsection (3) of this section, the department shall annually calculate for the preceding calendar year:

(A) The average cost or cost-savings of the low carbon fuel standards per gallon of gasoline and per gallon of diesel; and

(B) The total greenhouse gas emissions reductions attributable to the low carbon fuel standards.

(b) No later than April 15 of each year, the department shall post the formula the department used for the calculations required by this subsection and the results of the calculations on the department’s website.

(c) The State Department of Agriculture shall furnish the formula and results of the calculations required by this subsection to each gas station in this state to facilitate compliance by gas station owners or operators with ORS 646.932. [2017 c.750 §162]

468A.272 Fuel supply forecast; forecast review team. (1) The division of the Oregon Department of Administrative Services that serves as office of economic analysis shall annually coordinate with the Department of Environmental Quality to develop a fuel supply forecast to project the availability of fuels to Oregon necessary for compliance with the low carbon fuel standards. The fuel supply forecast shall include, but need not be limited to, the following with reference to the next compliance period of the clean fuels program:

(a) An estimate of the potential volumes of gasoline, gasoline substitutes and gasoline alternatives and diesel, diesel fuel substitutes and diesel alternatives available to Oregon;

(b) An estimate of the total banked credits and carried over deficits held by regulated parties, credit generators and credit aggregators at the beginning of the compliance period and an estimate of the total credits attributable to fuels described in paragraph (a) of this subsection;

(c) An estimate of the credits needed to meet the scheduled applicable low carbon fuel standard during the forecast compliance period; and

(d) A comparison of the estimates under paragraphs (a) and (b) of this subsection with the estimate under paragraph (c) of this subsection to indicate the availability of fuels needed for compliance with the low carbon fuel standards.

(2) In developing the estimate required under subsection (1)(a) of this section, the division shall consider, but need not be limited to considering:

(a) Constraints that may be preventing access to available and cost-effective low carbon fuels by Oregon, such as geographic and logistical factors, and alleviating factors to the constraints; and

(b) The existing and future vehicle fleet in Oregon.

(3) The division may appoint, in coordination with the Department of Environmental Quality, a forecast review team of relevant experts to participate in the fuel supply forecast or examination of data required by this section. The team may perform any functions assigned by the division, including but not limited to consulting on the design of the forecast. The forecast required by this section must be completed and provided to the department no later than 90 calendar days before the commencement of the compliance period for which the forecast is developed. [2017 c.750 §163]

468A.273 Forecast deferral; order; methods for deferring compliance; duration. (1) No later than 30 calendar days before the commencement of a compliance period, the Department of Environmental Quality shall issue an order declaring a forecast deferral if the fuel supply forecast developed under ORS 468A.272 projects that the amount of credits that will be available during the forecast compliance period will be less than 100 percent of the credits projected to be necessary for regulated parties to comply with the scheduled applicable low carbon fuel standard for the forecast compliance period.

(2) An order declaring a forecast deferral under this section must set forth:

(a) The duration of the forecast deferral;

(b) The types of fuel to which the forecast deferral applies; and

(c) Which of the following methods the department has selected for deferring compliance with the scheduled applicable low carbon fuel standard during the forecast deferral:

(A) Temporarily adjusting the scheduled applicable low carbon fuel standard to a standard identified in the order that better reflects the forecast availability of credits during the forecast compliance period and requiring regulated parties to comply with the temporary standard;

(B) Requiring regulated parties to comply only with the low carbon fuel standard applicable during the compliance period prior to the forecast compliance period; or

(3)(a) In implementing a forecast deferral, the department may take an action for deferring compliance with the low carbon fuel standard other than, or in addition to, selecting a method under subsection (2)(c) of this section only if the department determines that none of the methods under subsection (2)(c) of this section will provide a sufficient mechanism for containing the costs of compliance with the low carbon fuel standards during the forecast deferral.

(b) If the department makes the determination specified in paragraph (a) of this subsection, the department shall:

(A) Include in the order declaring a forecast deferral the determination and the action to be taken; and

(B) Provide written notification and justification of the determination and the action to:

(i) The Governor;

(ii) The President of the Senate;

(iii) The Speaker of the House of Representatives;

(iv) The majority and minority leaders of the Senate; and

(v) The majority and minority leaders of the House of Representatives.

(4) The duration of a forecast deferral may not be less than one calendar quarter or longer than one compliance period. Only the Environmental Quality Commission may terminate, by order, a forecast deferral before the expiration date of the forecast deferral. Termination of a forecast deferral is effective on the first day of the next calendar quarter after the date that the order declaring the termination is adopted. [2017 c.750 §164]

468A.274 Emergency deferral; order; methods for deferring compliance; duration; other remedies. (1) The Department of Environmental Quality shall issue an order declaring an emergency deferral:

(a) No later than 15 calendar days after the date that the department determines that:

(A) There is a known shortage of a fuel or low carbon fuel that is needed for regulated parties to comply with the low carbon fuel standard; and

(B) The magnitude of the shortage of that fuel is greater than the equivalent of five percent of the amount of the fuel forecasted to be available during the effective compliance period; or

(b) Immediately upon the issuance by the Governor of a proclamation, executive order or directive pursuant to ORS 176.750 to 176.815 declaring an energy emergency due to a shortage of gasoline or diesel.

(2) An order declaring an emergency deferral under this section must set forth:

(a) The duration of the emergency deferral;

(b) The types of fuel to which the emergency deferral applies; and

(c) Which of the following methods the department has selected for deferring compliance with the scheduled applicable low carbon fuel standard during the emergency deferral:

(A) Temporarily adjusting the scheduled applicable low carbon fuel standard to a standard identified in the order that better reflects the availability of credits during the emergency deferral and requiring regulated parties to comply with the temporary standard;

(B) Allowing for the carryover of deficits accrued during the emergency deferral into one or more future compliance periods without penalty; or

(3)(a) In implementing an emergency deferral, the department may take an action for deferring compliance with the low carbon fuel standard other than, or in addition to, selecting a method under subsection (2)(c) of this section only if the department determines that none of the methods under subsection (2)(c) of this section will provide a sufficient mechanism for containing the costs of compliance with the low carbon fuel standards during the emergency deferral.

(b) If the department makes the determination specified in paragraph (a) of this subsection, the department shall:

(A) Include in the order declaring an emergency deferral the determination and the action to be taken; and

(B) Provide written notification and justification of the determination and the action to:

(i) The Governor;

(ii) The President of the Senate;

(iii) The Speaker of the House of Representatives;

(iv) The majority and minority leaders of the Senate; and

(v) The majority and minority leaders of the House of Representatives.

(4)(a) Except as provided in paragraph (b) of this subsection, the duration of an emergency deferral:

(A) Implemented using the method described in subsection (2)(c)(A) of this section may not be less than one calendar quarter; and

(B) Implemented using a method described in subsection (2)(c)(B) or (C) or subsection (3) of this section may not be less than 30 calendar days.

(b) An emergency deferral may not continue past the end of the compliance period during which the emergency deferral is issued.

(c) An emergency deferral may be terminated prior to the expiration date of the emergency deferral only if new information becomes available indicating that the shortage for which the emergency deferral was issued has ended. Only the Environmental Quality Commission may terminate, by order, an emergency deferral before the expiration date of the emergency deferral. Termination of an emergency deferral is effective 15 calendar days after the date that the order declaring the termination is adopted.

(5) If the department determines during a compliance period that the volume-weighted moving average price of credits for a consecutive three-month period increased by 100 percent or more over the volume-weighted moving average price of credits for the previous consecutive three-month period, or if the department otherwise determines that abnormal market behavior exists, the department shall complete, no later than two months after the determination is made, an analysis of the root cause of the price volatility. The department may recommend and implement any remedy that the department determines is necessary to address market stability based on the root cause analysis, including but not limited to issuing an emergency deferral, provided that the remedy implemented does not:

(a) Require a regulated party to purchase credits for an amount that exceeds the maximum price for credits in the most recent credit clearance market; or

(b) Compel a person to sell credits. [2017 c.750 §165; 2017 c.750 §169]

468A.275 [2009 c.754 §6; 2015 c.4 §3; 2017 c.750 §160; renumbered 468A.266 in 2017]

468A.276 Credit clearance markets. (1) The clean fuels program adopted by the Environmental Quality Commission by rule under ORS 468A.266 must include provisions necessary for the Department of Environmental Quality to hold credit clearance markets as a means to facilitate compliance with the low carbon fuel standards.

(2)(a) The department shall hold a credit clearance market for any compliance period in which at least one regulated party reports that the regulated party has a net deficit balance at the end of the compliance period, after retirement of all credits held by the regulated party, that is greater than a small deficit. A regulated party described by this paragraph is required to participate in the credit clearance market.

(b) If a regulated party has a small deficit at the end of a compliance period, the regulated party shall notify the department that it will achieve compliance with the low carbon fuel standard during the compliance period by either:

(A) Participating in a credit clearance market; or

(B) Carrying forward the small deficit.

(3) For purposes of administering a credit clearance market required by this section, the department shall:

(a) Allow any regulated party, credit generator or credit aggregator that holds excess credits at the end of a compliance period to voluntarily participate in the credit clearance market as a seller by pledging a specified number of credits for sale in the market.

(b) Require each regulated party participating in the credit clearance market as a purchaser of credits to:

(A) Have retired all credits in the party’s possession prior to participating in the credit clearance market; and

(B) Purchase the specified number of the total pledged credits that the department has determined are that party’s pro rata share of the pledged credits.

(A) Agree to sell pledged credits at a price no higher than a maximum price for credits;

(B) Accept all offers to purchase pledged credits at the maximum price for credits; and

(C) Agree to withhold any pledged credits from sale outside the credit clearance market until the credit clearance market is closed.

(4)(a) The commission shall set the maximum price for credits in a credit clearance market, which may not exceed $200 for 2018.

(b) For 2019 and subsequent years, the maximum price for credits may exceed $200, but only to the extent that a greater maximum price for credits is necessary to annually adjust for inflation, beginning on January 1, 2019, pursuant to the increase, if any, from the preceding calendar year in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

(5) A regulated party that has a net deficit balance after the close of a credit clearance market:

(a) Must carry over the remaining deficits into the next compliance period; and

(b) May not be subject to interest greater than five percent, penalties or assertions of noncompliance that accrue based on the carryover of deficits under this subsection.

(6) If a regulated party has been required under subsection (2) of this section to participate as a purchaser in two consecutive credit clearance markets and continues to have a net deficit balance after the close of the second consecutive credit clearance market, the Department of Environmental Quality shall complete, no later than two months after the close of the second credit clearance market, an analysis of the root cause of the inability of the regulated party to retire the remaining deficits. The department may recommend and implement any remedy that the department determines is necessary to address the root cause identified in the analysis, including but not limited to issuing a deferral, provided that the remedy implemented does not:

(a) Require the regulated party to purchase credits for an amount that exceeds the maximum price for credits in the most recent credit clearance market; or

(b) Compel a person to sell credits.

(7) If credits sold in a credit clearance market are subsequently invalidated as a result of fraud or any other form of noncompliance on the part of the generator of the credit, the department may not pursue civil penalties against, or require credit replacement by, the regulated party that purchased the credits unless the regulated party was a party to the fraud or other form of noncompliance.

(8) The department may not disclose the deficit balances or pro rata share purchase requirements of a regulated party that participates in the credit clearance market. [2017 c.750 §166; 2019 c.57 §25]

468A.277 Rules; exemptions. (1) In addition to rules adopted under ORS 468A.266 and 468A.268, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS 468A.265 to 468A.277, including but not limited to standards for persons to qualify for exemptions provided for in subsection (2) of this section.

(2) The provisions of ORS 468A.265 to 468A.277 do not apply to fuel that is demonstrated to have been used in any of the following:

(a) Motor vehicles registered as farm vehicles under the provisions of ORS 805.300.

(b) Farm tractors, as defined in ORS 801.265.

(d) Motor trucks, as defined in ORS 801.355, used primarily to transport logs.

(e) Motor vehicles that are not designed primarily to transport persons or property, that are operated on highways only incidentally and that are used primarily for construction work.

(f) Watercraft.

(g) Railroad locomotives. [2017 c.750 §167]

(Miscellaneous)

468A.279 Motor vehicle pollution control systems; definitions; rules; exceptions. (1) As used in this section:

(a) “Greenhouse gas” has the meaning given that term in ORS 468A.210.

(b) “Motor vehicle” has the meaning given that term in ORS 801.360.

(2) The Environmental Quality Commission may adopt by rule standards and requirements described in this section to reduce greenhouse gas emissions.

(3)(a) The commission may adopt requirements to prevent the tampering, alteration and modification of the original design or performance of motor vehicle pollution control systems.

(b) Before adopting requirements under this section, the commission shall consider the antitampering requirements and exemptions of the State of California.

(4) The commission may adopt requirements for motor vehicle service providers to check and inflate tire pressure according to the tire manufacturer’s or motor vehicle manufacturer’s recommended specifications, provided that the requirements:

(a) Do not apply when the primary purpose of the motor vehicle service is fueling vehicles; and

(b) Do not require motor vehicle service providers to purchase equipment to check and inflate tire pressure.

(5) The commission may adopt restrictions on engine use by commercial ships while at port, and requirements that ports provide alternatives to engine use such as electric power, provided that:

(a) Engine use shall be allowed when necessary to power mechanical or electrical operations if alternatives are not reasonably available;

(b) Engine use shall be allowed when necessary for reasonable periods due to emergencies and other considerations as determined by the commission; and

(c) The requirements must be developed in consultation with representatives of Oregon ports and take into account operational considerations, operational agreements, international protocols and limitations, the ability to fund the purchase and use of electric power equipment and the potential effect of the requirements on competition with other ports.

(6) In adopting rules under this section, the commission shall evaluate:

(a) Safety, feasibility, net reduction of greenhouse gas emissions and cost-effectiveness;

(b) Potential adverse impacts to public health and the environment, including but not limited to air quality, water quality and the generation and disposal of waste in this state;

(d) Technical and economic studies of comparable greenhouse gas emissions reduction measures implemented in other states and any other studies as determined by the commission.

(7) The provisions of this section do not apply to:

(a) Motor vehicles registered as farm vehicles under the provisions of ORS 805.300.

(b) Farm tractors, as defined in ORS 801.265.

(d) Motor trucks, as defined in ORS 801.355, used primarily to transport logs. [Formerly 468A.270]

468A.280 Electricity; fossil fuels; registration and reporting requirements; rules. (1) In addition to any registration and reporting that may be required under ORS 468A.050, the Environmental Quality Commission by rule may require registration and reporting by:

(a) Any person who imports, sells, allocates or distributes for use in this state electricity, the generation of which emits greenhouse gases.

(b) Any person who imports, sells or distributes for use in this state fossil fuel that generates greenhouse gases when combusted.

(2) Rules adopted by the commission under this section for electricity that is imported, sold, allocated or distributed for use in this state may require reporting of information necessary to determine greenhouse gas emissions from generating facilities used to produce the electricity and related electricity transmission line losses.

(3)(a) The commission shall allow consumer-owned utilities, as defined in ORS 757.270, to comply with reporting requirements imposed under this section by the submission of a report prepared by a third party. A report submitted under this paragraph may include information for more than one consumer-owned utility, but must include all information required by the commission for each individual utility.

(b) For the purpose of determining greenhouse gas emissions related to electricity purchased from the Bonneville Power Administration by a consumer-owned utility, as defined in ORS 757.270, the commission may require only that the utility report:

(A) The number of megawatt-hours of electricity purchased by the utility from the Bonneville Power Administration, segregated by the types of contracts entered into by the utility with the Bonneville Power Administration; and

(B) The percentage of each fuel or energy type used to produce electricity purchased under each type of contract.

(4)(a) Rules adopted by the commission pursuant to this section for electricity that is purchased, imported, sold, allocated or distributed for use in this state by an electric company, as defined in ORS 757.600, must be limited to the reporting of:

(A) Greenhouse gas emissions emitted from generating facilities owned or operated by the electric company;

(B) Greenhouse gas emissions emitted from transmission equipment owned or operated by the electric company;

(C) The number of megawatt-hours of electricity purchased by the electric company for use in this state, including information, if known, on:

(i) The seller of the electricity to the electric company; and

(ii) The original generating facility fuel type or types; and

(D) An estimate of the amount of greenhouse gas emissions, using default greenhouse gas emissions factors established by the commission by rule, attributable to:

(i) Electricity purchases made by a particular seller to the electric company;

(ii) Electricity purchases from an unknown origin or from a seller who is unable to identify the original generating facility fuel type or types;

(iii) Electricity purchases for which a renewable energy certificate under ORS 469A.130 has been issued but subsequently transferred or sold to a person other than the electric company;

(iv) Electricity transmitted for others by the electric company; and

(v) Total energy losses from electricity transmission and distribution equipment owned or operated by the electric company.

(b) Pursuant to paragraph (a) of this subsection, a multijurisdictional electric company may rely upon a cost allocation methodology approved by the Public Utility Commission for reporting emissions allocated in this state.

(5) Rules adopted by the commission under this section for fossil fuel that is imported, sold or distributed for use in this state may require reporting of the type and quantity of the fuel and any additional information necessary to determine the carbon content of the fuel. For the purpose of determining greenhouse gas emissions related to liquefied petroleum gas, the commission shall allow reporting using publications or submission of data by the American Petroleum Institute but may require reporting of such other information necessary to achieve the purposes of the rules adopted by the commission under this section.

(6) To an extent that is consistent with the purposes of the rules adopted by the commission under this section, the commission shall minimize the burden of the reporting required under this section by:

(a) Allowing concurrent reporting of information that is also reported to another state agency;

(b) Allowing electronic reporting;

(c) Allowing use of good engineering practice calculations in reports, or of emission factors published by the United States Environmental Protection Agency;

(d) Establishing thresholds for the amount of specific greenhouse gases that may be emitted or generated without reporting;

(e) Requiring reporting by the fewest number of persons in a fuel distribution system that will allow the commission to acquire the information needed by the commission; or

(f) Other appropriate means and procedures determined by the commission.

(7) As used in this section, “greenhouse gas” has the meaning given that term in ORS 468A.210. [2009 c.749 §2]

468A.290 Oregon Climate Corps; long-term plan; grants and donations. (1) The University of Oregon, after consultation with the Oregon State University Extension Service, shall, to the extent possible with any moneys received under subsection (3) of this section:

(a) Implement the Oregon Climate Corps through the University of Oregon Institute for a Sustainable Environment Climate Masters program to help Oregon residents, businesses and other entities increase their understanding of climate change, to reduce greenhouse gas emissions and to address the climate change challenges that Oregon faces. The Oregon Climate Corps shall be a trained corps of volunteers to act as catalysts in support of the efforts of public bodies as defined in ORS 174.109, the private sector and nongovernmental organizations.

(b) Model the Oregon Climate Corps described in paragraph (a) of this subsection on other successful public service programs, including but not limited to the Oregon State University Master Gardener and Master Recycler programs, AmeriCorps and AmeriCorps VISTA.

(2) Individuals participating in the Oregon Climate Corps shall be educated on projects meant to address climate challenges, including but not limited to:

(a) Carbon sequestration projects such as local community tree-planting initiatives.

(b) Climate initiatives that emphasize affordable and easily implemented actions for homes, local communities, private businesses, schools and public entities.

(d) Projects related to renewable energy technologies.

(e) Energy conservation and efficiency projects, such as home weatherization and the installation of solar panels and other renewable energy technologies.

(f) Projects to reduce carbon dioxide emissions from transportation, from manufacturing and from food and produce use and acquisition.

(3)(a) The University of Oregon, after consultations with the Oregon State University Extension Service, shall develop a long-term plan to fund the Oregon Climate Corps.

(b) The University of Oregon may accept grants, donations, contributions or gifts from any source for deposit in the Oregon Climate Corps Fund established under ORS 468A.292 for expenditures for any purpose consistent with this section. [2009 c.480 §1]

Note: 468A.290 and 468A.292 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

468A.292 Oregon Climate Corps Fund. The Oregon Climate Corps Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Climate Corps Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the University of Oregon for the purposes specified in ORS 468A.290. [2009 c.480 §2]

Note: See note under 468A.290.

468A.295 Community climate investment entity fees; rules. (1) As used in this section and ORS 468A.298:

(a) “Climate protection program” means the program to reduce greenhouse gas emissions from certain air contamination sources in Oregon, first adopted by the Environmental Quality Commission by rule on December 16, 2021.

(b) “Community climate investment entity” means a nonprofit organization that has been approved by the Department of Environmental Quality and has entered into a written agreement with the department to implement projects supported by community climate investment funds.

(c) “Community climate investment funds” means moneys paid by a covered fuel supplier to a community climate investment entity to support implementation of community climate investment projects.

(d) “Covered fuel supplier” means a fuel supplier, in-state producer or local distribution company subject to the requirements of the climate protection program.

(2) The commission may establish by rule a fee to be paid by community climate investment entities. The fee established under this section:

(a) Must be reasonably calculated to cover the costs to the department of administering and overseeing those portions of the climate protection program related to community climate investments; and

(b) May not exceed five percent of the total community climate investment funds received by a community climate investment entity during the period for which the fee applies.

(3) Fees collected under this section shall be deposited into the Community Climate Investment Oversight Account established under ORS 468A.298. [2023 c.442 §80]

468A.298 Community Climate Investment Oversight Account. The Community Climate Investment Oversight Account is established, separate and distinct from the General Fund. The account consists of moneys deposited into the account under ORS 468A.295 and moneys transferred or appropriated to the account by the Legislative Assembly. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only to pay the costs of administering and overseeing those portions of the climate protection program related to community climate investments. [2023 c.442 §81]

Note: Section 52, chapter 442, Oregon Laws 2023, provides:

Sec. 52. Consumption-based greenhouse gas emissions evaluation; report. (1) The Department of Environmental Quality, in consultation with the Oregon Climate Action Commission, shall evaluate opportunities to reduce Oregon’s consumption-based greenhouse gas emissions. The department shall present its findings in a report submitted in the manner provided in ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to the environment, and the commission, no later than September 15, 2024.

(2) The report under this section must:

(a) Update Oregon’s consumption-based greenhouse gas emissions inventory;

(b) Identify opportunities to reduce consumption-based greenhouse gas emissions through materials management or other state programs or policies;

(d) Evaluate the effects of consumption-based greenhouse gas emissions reductions, taking into account economic, social and environmental factors. [2023 c.442 §52]

FEDERAL OPERATING PERMIT PROGRAM

468A.300 Definitions. As used in ORS 468.065, 468A.040, 468A.300 to 468A.330, 468A.345, 468A.415, 468A.420 and 468A.460 to 468A.515:

(1) “Administrator” means the administrator of the United States Environmental Protection Agency.

(2) “Clean Air Act” means P.L. 88-206 as amended.

(3) “Federal operating permit program” means the program established by the Environmental Quality Commission and the Department of Environmental Quality pursuant to ORS 468A.310.

(4) “Major source” has the meaning given in section 501(2) of the Clean Air Act.

(5) “Title V” means Title V of the Clean Air Act. [1991 c.752 §3; 2009 c.387 §15; 2018 c.102 §19]

468A.305 Purpose. The Legislative Assembly declares the purpose of ORS 184.730, 184.733, 468.065, 468A.020, 468A.040, 468A.045, 468A.155, 468A.300 to 468A.330, 468A.415, 468A.420 and 468A.485 to 468A.515 is to:

(1) Insure that the state meets its minimum obligations under the Clean Air Act Amendments of 1990.

(2) Avoid direct regulation of industrial sources of air pollution through a federal government administered permit program.

(3) Prevent imposition of Clean Air Act sanctions which would impound federal highway funds appropriated for the state and increase emission offset requirements for new and expanding major industrial sources of air pollution.

(4) Provide adequate resources to fully cover the costs of the Department of Environmental Quality to develop and administer an approvable federal operating permit program in accordance with the Clean Air Act, including costs of permitting, compliance, rule development, emission inventorying, monitoring and modeling and related activities. [1991 c.752 §2]

468A.310 Federal operating permit program approval; rules; content of plan. (1) The Department of Environmental Quality shall prepare and submit to the Administrator of the United States Environmental Protection Agency for approval a federal operating permit program as required to implement Title V. The Environmental Quality Commission and the department may seek interim or partial approval if appropriate.

(2) The commission shall adopt rules to implement the federal operating permit program.

(3) To the maximum extent possible, consistent with subsection (2) of this section, and within budgetary constraints, rules adopted by the commission under subsection (2) of this section shall include:

(a) Streamlined procedures for expeditious review of permit actions in accordance with section 502(b)(6) of the Clean Air Act;

(b) Assurances against unreasonable delays in accordance with section 502(b)(7) of the Clean Air Act;

(c) In accordance with section 502(b)(10) of the Clean Air Act, provisions to allow changes within a permitted facility without requiring permit revisions;

(d) In accordance with section 503(d) of the Clean Air Act, protection for sources that file complete and timely permit applications;

(e) Provisions that deem compliance with a permit to be in compliance with other applicable provisions of the Clean Air Act in accordance with section 504(f) of the Clean Air Act;

(f) In accordance with section 112(i)(5) of the Clean Air Act, a deferral for early reductions of the requirement to meet standards promulgated under section 112(d) of the Clean Air Act;

(g) In accordance with section 504(b) of the Clean Air Act, provisions for alternatives to continuous emissions monitoring that provide sufficiently reliable and timely information; and

(h) Notice and opportunity for public comment as required by the Clean Air Act and for objection by the administrator under section 505(b) of the Clean Air Act. If the administrator objects to a proposed permit, the department shall:

(A) Revise the permit to meet the objection within 90 days after the date of the objection; or

(B) Determine not to issue the permit.

(4) In any discretionary rulemaking necessary to implement the federal operating permit program, the commission shall consider and make publicly available a brief written statement of the commission’s judgment regarding:

(a) The need for the action and a reasonable range of alternatives that would satisfy the need;

(b) The environmental benefit that will be achieved, taking into consideration all environmental media, including energy consumption;

(d) Other sources of the air contaminants addressed in the rule and whether regulation of the other sources is possible or desirable. [1991 c.752 §§4,22]

468A.315 Emission fees for major sources; base fees; basis of fees; rules. (1) The fee schedule required under ORS 468.065 (2) for a source subject to the federal operating permit program shall be based on a schedule established by rule by the Environmental Quality Commission in accordance with this section. Except for the additional fees under subsection (2)(e) of this section and ORS 468A.345, this fee schedule shall be in lieu of any other fee for a permit issued under ORS 468A.040, 468A.045 or 468A.155. The fee schedule shall cover all reasonable direct and indirect costs of implementing the federal operating permit program and shall consist of:

(a) An emission fee of $121 per ton of each regulated pollutant emitted during the prior calendar year as determined under subsection (2) of this section.

(b) Fees for the following specific elements of the federal operating permit program:

(A) Reviewing and acting upon applications for modifications to federal operating permits.

(B) Any activity related to permits required under ORS 468A.040 other than the federal operating permit program.

(D) Department review of ambient monitoring networks installed by a source.

(E) Other distinct department activities created by a source or a group of sources if the commission finds that the activities are unique and specific and that additional rulemaking is necessary and will impose costs upon the department that are not otherwise covered by federal operating permit program fees.

(2)(a) The fee on emissions of regulated pollutants required under this section shall be based on the amount of each regulated pollutant emitted during the prior calendar year as documented by information provided by the source in accordance with criteria adopted by the commission or, if the source elects to pay the fee based on permitted emissions, the fee shall be based on the emission limit for the plant site of the major source.

(b) The fee required by subsection (1)(a) of this section does not apply to any emissions in excess of 7,000 tons per year of all regulated pollutants. The department may not revise a major source’s plant site emission limit due solely to payment of the fee on the basis of documented emissions.

(c) The commission shall establish by rule criteria for the acceptability and verifiability of information related to emissions as documented, including but not limited to the use of:

(A) Emission monitoring;

(B) Material balances;

(D) Fuel use;

(E) Production data; or

(F) Other calculations.

(d) The department shall accept reasonably accurate information that complies with the criteria established by the commission as documentation of emissions.

(e) The rules adopted under this section shall require an additional fee for failure to pay, substantial underpayment of or late payment of emission fees.

(3) The commission shall establish by rule the size fraction of total particulates subject to emission fees as particulates under this section.

(4) As used in this section, “regulated pollutant” means particulates, volatile organic compounds, oxides of nitrogen, and sulfur dioxide. [1991 c.752 §§5,25; 1993 c.790 §§6,7; 2007 c.480 §1; 2009 c.266 §1; 2018 c.102 §20; 2023 c.260 §§1,2]

Note: The amendments to 468A.315 by section 4, chapter 260, Oregon Laws 2023, become operative January 1, 2025. See section 5, chapter 260, Oregon Laws 2023. The text that is operative on and after January 1, 2025, is set forth for the user’s convenience.

468A.315. (1) The fee schedule required under ORS 468.065 (2) for a source subject to the federal operating permit program shall be based on a schedule established by rule by the Environmental Quality Commission in accordance with this section. Except for the additional fees under subsection (3)(e) of this section and ORS 468A.345, this fee schedule shall be in lieu of any other fee for a permit issued under ORS 468A.040, 468A.045 or 468A.155. The fee schedule shall cover all reasonable direct and indirect costs of implementing the federal operating permit program and shall consist of:

(a) An emission fee of $121 per ton of each regulated pollutant emitted during the prior calendar year as determined under subsection (3) of this section.

(b) Fees for the following specific elements of the federal operating permit program:

(A) Reviewing and acting upon applications for modifications to federal operating permits.

(B) Any activity related to permits required under ORS 468A.040 other than the federal operating permit program.

(D) Department review of ambient monitoring networks installed by a source.

(2) Not more than once each calendar year, the commission may increase the fees established under this section. The amount of the annual increase may not exceed the anticipated increase in the cost of administering the federal operating permit program or three percent, whichever is lower, unless a larger increase is provided for in the department’s legislatively approved budget.

(3)(a) The fee on emissions of regulated pollutants required under this section shall be based on the amount of each regulated pollutant emitted during the prior calendar year as documented by information provided by the source in accordance with criteria adopted by the commission or, if the source elects to pay the fee based on permitted emissions, the fee shall be based on the emission limit for the plant site of the major source.

(c) The commission shall establish by rule criteria for the acceptability and verifiability of information related to emissions as documented, including but not limited to the use of:

(A) Emission monitoring;

(B) Material balances;

(D) Fuel use;

(E) Production data; or

(F) Other calculations.

(d) The department shall accept reasonably accurate information that complies with the criteria established by the commission as documentation of emissions.

(e) The rules adopted under this section shall require an additional fee for failure to pay, substantial underpayment of or late payment of emission fees.

(4) The commission shall establish by rule the size fraction of total particulates subject to emission fees as particulates under this section.

(5) As used in this section, “regulated pollutant” means particulates, volatile organic compounds, oxides of nitrogen, and sulfur dioxide.

468A.320 Accountability for costs of program. The Department of Environmental Quality shall establish a method to account for the costs of the federal operating permit program. The method shall, at a minimum, account for costs incurred for each element of the program as described in section 502(b)(3)(A)(i) through (vi) of the Clean Air Act. In accounting for the costs of the federal operating permit program the department shall include a commensurate amount of the costs for any other permit issued under ORS 468A.040, 468A.045 or 468A.155 to the extent that those costs are considered to be part of the federal operating permit program by the Director of the Department of Environmental Quality. [1991 c.752 §6; 1993 c.790 §8]

468A.325 Priority of department work schedule. (1) Nothing in ORS 468A.040, 468A.300 to 468A.320 or this section shall require the Environmental Quality Commission or Department of Environmental Quality to make less stringent any existing element of the state’s air pollution control program.

(2) To the maximum extent possible under federal laws and regulations and within budgetary constraints, the department shall prioritize its permitting work schedule to address all of the following:

(a) Sources required to have permits under the federal operating permit program;

(b) Other sources over which the department has been granted authority for control of the emission of air contaminants that:

(A) Are either within nonattainment areas or within attainment areas projected by the department to exceed air standards within five years, and which substantially contribute to or cause the nonattainment or projected nonattainment of air quality standards; or

(B) May individually be causing exceedances of air quality standards;

(d) Sources that request a federally enforceable permit from the department regardless of whether such a permit would be required under the federal operating permit program. Within budgetary constraints, the department shall cooperate with sources seeking a federally enforceable permit. [1991 c.752 §8]

468A.327 Requirement for adoption, amendment or repeal of rules; oral hearing. (1) Prior to the adoption, amendment or repeal of any rule pursuant to ORS chapter 183 that applies to any facility required to pay fees under ORS 468A.315, the Environmental Quality Commission shall include with the notice of intended action required under ORS 183.335 (1) a statement of whether the intended action imposes requirements in addition to the applicable federal requirements and, if so, shall include a written explanation of:

(a) The commission’s scientific, economic, technological, administrative or other reasons for exceeding applicable federal requirements; and

(b) Any alternatives the commission considered and the reasons that the alternatives were not pursued.

(2) The statement provided by the commission under subsection (1) of this section shall be based upon information available to the commission at the time the commission prepares the written explanation.

(3) Notwithstanding ORS 183.335 (3), an opportunity for an oral hearing before the commission regarding the statement specified in subsections (1) and (2) of this section shall be granted only if:

(a) The request for a hearing is received, within 14 days after the commission issues the notice of intended action required under ORS 183.335 (1), from 10 persons or from an association having no fewer than 10 members; and

(b) The request describes how the persons or association that made the request will be directly harmed by the adoption, amendment or repeal of a rule under subsection (1) of this section.

(4) If an oral hearing is granted under subsection (3) of this section, the commission shall give notice of the hearing at least 14 days before the hearing to the persons or association requesting the hearing, to any persons who have requested notice pursuant to ORS 183.335 (8) and to the persons specified in ORS 183.335 (15).

(5) Subsection (3) of this section does not apply if the commission includes with the notice of intended action required under ORS 183.335 (1) a notice that an oral hearing will be held before the commission.

(6) The provisions of this section do not apply to temporary rules adopted by the commission under ORS 183.335 (5). [2007 c.480 §3]

468A.330 Small Business Stationary Source Technical and Environmental Compliance Assistance Program. (1) Because of the extraordinary effect that the federal operating permit program may have on small business, there is hereby established within the Department of Environmental Quality a Small Business Stationary Source Technical and Environmental Compliance Assistance Program in accordance with section 507 of the Clean Air Act. This program shall include each element specified in section 507(a) of the Clean Air Act.

(2) A Compliance Advisory Panel is established to:

(a) Advise the department on the effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program;

(b) Report to the Administrator of the United States Environmental Protection Agency as required by federal law;

(c) Review the information to be issued by the program for small businesses to assure the information is understandable by a layperson; and

(d) Perform any other function required by the Clean Air Act.

(3) The Compliance Advisory Panel shall consist of not less than seven members:

(a) Two members appointed by the Governor, who are not owners, or representatives of owners, of small business stationary sources, to represent the general public;

(b) Four members who are owners, or who represent owners, of small business stationary sources as follows:

(A) One member appointed by the President of the Senate;

(B) One member appointed by the Speaker of the House;

(D) One member appointed by the House Minority Leader; and

(4)(a) On-site technical assistance for the development and implementation of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program shall not result in inspections or enforcement actions, except that the department may initiate compliance and enforcement actions immediately if, during onsite technical assistance, there is reasonable cause to believe a clear and immediate danger to the public health and safety or to the environment exists.

(b) As used in this subsection:

(A) “Clear” means plain, evident, free from doubt.

(B) “Immediate danger” means a situation in which there is substantial likelihood that serious harm may be experienced within the time frame necessary for the department to pursue an enforcement action. [1991 c.752 §12]

TOXIC AIR CONTAMINANTS

468A.335 Definitions. As used in ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018:

(1) “Benchmark for excess lifetime cancer risk” means:

(a) For a new or reconstructed air contamination source, an excess lifetime cancer risk level of 10 in one million.

(b) For an existing air contamination source, an excess lifetime cancer risk level of 50 in one million.

(2) “Benchmark for excess noncancer risk” means:

(a) For a new or reconstructed air contamination source, a benchmark equal to a Hazard Index number of 1.

(b) For an existing air contamination source, a benchmark equal to a Hazard Index number of 5.

(3) “Hazard Index number” means a number equal to the sum of the hazard quotients attributable to toxic air contaminants that have noncancer effects on the same target organs or organ systems.

(4) “Hazard quotient” means a calculated numerical value that is used to evaluate noncancer health risk from exposure to a single toxic air contaminant. The calculated numerical value is the ratio of the air concentration of a toxic air contaminant to the noncancer risk-based concentration at which no serious adverse human health effects are expected to occur.

(5) “Reconstructed” means an individual project constructed at an air contamination source that, once constructed, increases the hourly capacity of any changed equipment to emit and where the fixed capital cost of new components exceeds 50 percent of the fixed capital cost that would have been required to construct a comparable new source. [2018 c.102 §2]

Note: The amendments to 468A.335 by section 10, chapter 102, Oregon Laws 2018, become operative January 1, 2029. See section 9, chapter 102, Oregon Laws 2018. The text that is operative on and after January 1, 2029, is set forth for the user’s convenience.

468A.335. As used in ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018:

(1) “Benchmark for excess lifetime cancer risk” means:

(a) For a new or reconstructed air contamination source, an excess lifetime cancer risk level of 10 in one million.

(b) For an existing air contamination source, an excess lifetime cancer risk level established by the Environmental Quality Commission by rule, but no less than 25 in one million.

(2) “Benchmark for excess noncancer risk” means:

(a) For a new or reconstructed air contamination source, a benchmark equal to a Hazard Index number of 1.

(b) For an existing air contamination source, a benchmark equal to a Hazard Index number established by the commission by rule.

(3) “Hazard Index number” means a number equal to the sum of the hazard quotients attributable to toxic air contaminants that have noncancer effects on the same target organs or organ systems.

468A.337 Individual air contamination source program; rules. (1) The Environmental Quality Commission may adopt a program and rules to reduce public health risks from emissions of toxic air contaminants from individual stationary industrial and commercial air contamination sources. The program and rules adopted under this section may be in addition to any other programs or rules adopted pursuant to ORS chapter 468A.

(2) Except as required by federal law, a program and rules adopted under this section may not require a person in control of an air contamination source to reduce risk associated with toxic air contaminant emissions from that source unless:

(a) The air contamination source is one for which a person is otherwise subject to regulation under ORS 468A.040, 468A.050, 468A.055 or 468A.155 or is subject to the federal operating permit program pursuant to ORS 468A.310; and

(b) Subject to periodic review by the Department of Environmental Quality, the total demonstrated public health risk from toxic air contaminant emissions from the air contamination source exceeds the benchmark for excess lifetime cancer risk or the benchmark for excess noncancer risk.

(3) For purposes of administration by the department of rules adopted under this section, rather than evaluating and regulating the public health risks from toxic air contaminant emissions from an air contamination source based on modeling for the potential to emit toxic air contaminants and land use zoning, a person in control of the air contamination source may elect to have the emissions from the air contamination source evaluated and regulated based on modeling for one or both of the following:

(a) Public health risk due to toxic air contaminant emissions from the air contamination source’s actual production or, for a new or reconstructed air contamination source, the reasonably anticipated actual production by the new or reconstructed air contamination source.

(b)(A) The impacts by toxic air contaminants on locations where people actually live or normally congregate. There is a presumption that people actually live or normally congregate in locations in the manner allowed by the land use zoning for the location, based on the most recent zoning maps available.

(B) A person in control of an air contamination source subject to rules adopted under this section may rebut the presumption in subparagraph (A) of this paragraph by submitting to the department documentation that the department determines is adequate to rebut the presumption. If the department determines that the documentation is adequate to rebut the presumption, the department shall adjust modeling inputs according to the documentation submitted.

(C) Documentation required under this paragraph must be updated annually by the person in control of the air contamination source.

(D) Documentation required under this paragraph may include a request by the person in control of the air contamination source for the department to exclude certain zoned areas from the modeling used for purposes of evaluating the toxic air contaminant emissions from the air contamination source. A request under this subparagraph must be based on documentation that the area to be excluded is not being used in a manner allowed by the land use zoning applicable to the area at the time the modeling is to be performed. If the department grants a request under this subparagraph, the person in control of the air contamination source shall annually submit to the department, as part of the update required under subparagraph (C) of this paragraph, documentation showing that the excluded zoned areas continue to not be used in a manner allowed by the land use zoning applicable to the area.

(4)(a) A person in control of an air contamination source subject to a program and rules adopted under this section may elect to have the public health risks from toxic air contaminant emissions from the air contamination source evaluated using air monitoring, if:

(A) The person submits to the department an air monitoring plan and the department approves the submitted air monitoring plan; and

(B) A modeled risk assessment using methods approved by the department is submitted to the department in advance of the commencement of the final, approved air monitoring plan.

(b) The department shall work with a person in control of an air contamination source to develop public information concerning an approved air monitoring plan and the timeline for the approved air monitoring plan.

(c) The department may not require a person in control of an air contamination source that elects to complete air monitoring under an approved air monitoring plan pursuant to this subsection to, pursuant to a program and rules adopted under this section, reduce public health risk from toxic air contaminants emitted by the air contamination source unless the results of the air monitoring:

(A) Validate the modeling completed pursuant to subsection (3) of this section; or

(B) Otherwise lead the department to reasonably conclude that the public health risks from toxic air contaminants emitted by the air contamination source exceed the benchmark for excess lifetime cancer risk or the benchmark for excess noncancer risk.

(d) Notwithstanding paragraph (c) of this subsection, if the results of the modeling completed pursuant to subsection (3) of this section indicate that the public health risks from toxic air contaminants emitted by the air contamination source exceed four times the benchmark for excess lifetime cancer risk or four times the benchmark for excess noncancer risk, a person in control of an air contamination source may not, pending completion of the approved air monitoring plan, delay implementation of any public health risk reduction measures that are required by the department pursuant to a program and rules adopted under this section.

(5)(a) Except as required under ORS 468.115, 468.936, 468.939, 468.951 or 468.996, or federal law, the department may not, pursuant to a program and rules adopted under this section, require an existing air contamination source that employs toxics best available control technology on all significant emission units to undertake additional measures to limit or reduce toxic air contaminant emissions.

(b) Notwithstanding paragraph (a) of this subsection and subsection (6)(d) of this section, the department may require an existing air contamination source that employs toxics best available control technology on all significant emission units to undertake additional measures to limit or reduce toxic air contaminant emissions if the public health risks from toxic air contaminants emitted by the air contamination source are greater than four times the benchmark for excess lifetime cancer risk or are greater than two times the benchmark for excess noncancer risk.

(6)(a) Toxics best available control technology described in subsection (5) of this section must be a toxic air contaminant emissions limitation or emissions control measure or measures based on the maximum degree of reduction of toxic air contaminants that is feasible, determined for each air contamination source on a case-by-case basis, taking into consideration:

(A) What has been achieved in practice for:

(i) Air contamination sources in the same class as the air contamination source to which the toxic air contaminant emissions limitation or control measure will apply, as classified under ORS 468A.050; or

(ii) Processes or emissions similar to the processes or emissions of the air contamination source;

(B) Energy and health or environmental impacts not related to air quality; and

(C) Economic impacts and cost-effectiveness, including the costs of changing existing processes or equipment or adding equipment or controls to existing processes and equipment.

(b) Toxics best available control technology may be based on a design standard, equipment standard, work practice standard or other operational standard, or a combination thereof.

(c) In assessing the cost-effectiveness of any measure for purposes of determining toxics best available control technology for an air contamination source, the department must assess only the economic impacts and benefits associated with controlling toxic air contaminants.

(d) For an air contamination source that exists as of the date that a program and rules adopted under this section first become effective, compliance with emission control requirements, work practices or limitations established by a major source National Emission Standard for Hazardous Air Pollutants adopted by the United States Environmental Protection Agency after 1993 is deemed to be toxics best available control technology, provided that:

(A) The emission control requirements, work practices or limitations result in an actual reduction to the emissions of the hazardous air pollutants regulated under the National Emission Standard for Hazardous Air Pollutants; and

(B) There are no other toxic air contaminants emitted by the air contamination source that:

(i) Are regulated under a program and rules adopted by the Environmental Quality Commission pursuant to subsection (1) of this section;

(ii) Are not controlled by the emission control requirements, work practices or limitations established by a major source National Emission Standard for Hazardous Air Pollutants; and

(iii) Materially contribute to public health risks. [2018 c.102 §3]

468A.339 Pilot program; rules; applicability. (1)(a) The Environmental Quality Commission may establish by rule a pilot program for evaluating and controlling public health risks from toxic air contaminant emissions from multiple stationary air contamination sources. The requirements of a pilot program adopted under this section shall be in addition to, and not in lieu of, any requirements applicable to a person in control of an air contamination source under a program and rules adopted under ORS 468A.337.

(b) Rules adopted for purposes of evaluating and regulating the public health risks from toxic air contaminant emissions from air contamination sources subject to the pilot program must be consistent with, and administered subject to the provisions of, ORS 468A.337 (3) and (4).

(2) The pilot program adopted under this section may apply to no more than one area in this state in a county with a population exceeding 500,000 people, selected based on:

(a) The degree to which the level of excess lifetime cancer risk in the area from all sources of toxic air contaminants exceeds the statewide mean excess lifetime cancer risk from all sources of toxic air contaminants; and

(b) The degree to which the area contains multiple stationary sources of toxic air contaminants, leading to high cumulative public health risks from the toxic air contaminant emissions of those air contamination sources.

(3) In determining the boundary of the pilot program area, the department shall consider the degree to which the level of cumulative risk resulting from the toxic air contaminant emissions of existing stationary air contamination sources within the area exceeds the benchmark for excess lifetime cancer risk or the benchmark for excess noncancer risk. The pilot program area may not be larger than a circle measuring 2.5 miles in diameter.

(4) Subsection (5) of this section applies:

(a) If ambient concentrations of toxic air contaminant emissions from all stationary air contamination sources within any portion of the pilot program area result in an exceedance of two times the benchmark for excess lifetime cancer risk or two times the benchmark for excess noncancer risk within that portion of the pilot program area; and

(b) To persons in control of existing air contamination sources that significantly contribute to an exceedance described in paragraph (a) of this subsection and to any person in control of a new or modified source that is reasonably anticipated to significantly contribute to an exceedance described in paragraph (a) of this subsection.

(5) In order to obtain a permit or a permit modification that would authorize a significant increase in the public health risks from toxic air contaminants emitted by an air contamination source, and except as provided in subsection (6) of this section, a person described in subsection (4)(b) of this section must prepare and submit to the Department of Environmental Quality a risk mitigation plan that includes one or more actions to offset the projected increase in public health risks from toxic air contaminant emissions from the new or modified air contamination source. The plan required by this subsection may include actions to reduce emissions from other sources in the area, including mobile sources. The department shall approve a risk mitigation plan submitted under this subsection if the department determines that the actions described in the plan are reasonably likely to achieve the projected reduction in public health risks necessary to offset the projected increase in public health risks from toxic air contaminant emissions from the new or modified air contamination source.

(6) Notwithstanding subsection (5) of this section, if the department determines, considering cost and available technology, that a risk mitigation plan is not feasible because reasonable actions to reduce public health risks are not available, the person in control of the air contamination source, in lieu of a risk mitigation plan, shall make a payment into the Clean Communities Fund established under ORS 468A.341. The amount of the payment required by this subsection shall be determined by the department based on the following considerations:

(a) The expected cost of actions to achieve the projected reduction in public health risks necessary to offset the increase in public health risks from toxic air contaminant emissions from the new or modified air contamination source; and

(b) How to best incentivize payments for actions that will most directly offset the increase in public health risks from toxic air contaminant emissions from the new or modified air contamination source in the portion of the pilot program area where the cumulative public health risks are expected to be the highest.

(7) The department may enter into a contract or agreement for services to implement a program for investing moneys deposited in the Clean Communities Fund in actions to reduce public health risks from toxic air contaminants emitted by air contamination sources located within the pilot program area. [2018 c.102 §4]

468A.341 Clean Communities Fund; uses. (1) The Clean Communities Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Clean Communities Fund shall be credited to the fund.

(2) The Clean Communities Fund consists of moneys deposited in the fund pursuant to ORS 468A.339 and any other moneys deposited in the fund from any other public or private source.

(3) Moneys in the Clean Communities Fund are continuously appropriated to the Department of Environmental Quality to be used for actions to reduce public health risks from toxic air contaminants emitted by air contamination sources located within the pilot program area designated by the department under ORS 468A.339. [2018 c.102 §5]

468A.343 Public meetings; private actions. (1) The Department of Environmental Quality shall hold any public meeting required by rules adopted pursuant to ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018. At least one representative of a person in control of an air contamination source for which a permit or plan will be discussed at a public meeting required by a rule adopted under ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018, must appear at the meeting.

(2) If the Environmental Quality Commission adopts a program and rules pursuant to ORS 468A.337 or a pilot program pursuant to ORS 468A.339, the programs and rules and their applicability to any air contamination source described in this section do not create a new standard of care or otherwise alter an existing standard of care for imposing liability in any private action. [2018 c.102 §6]

Note: Sections 1, 7, 8, 11 and 12, chapter 102, Oregon Laws 2018, provide:

Sec. 1. Sections 2 to 7 [468A.335 to 468A.343], 13 [468A.345], 14 and 16 of this 2018 Act are added to and made a part of ORS chapter 468A. [2018 c.102 §1]

Sec. 7. Benchmarks for excess noncancer risk for existing air contamination sources; rules. (1) Notwithstanding section 2 (2)(b) of this 2018 Act [468A.335 (2)(b)], the Department of Environmental Quality may regulate an existing air contamination source pursuant to section 3 [468A.337] or 4 [468A.339] of this 2018 Act based on a benchmark for excess noncancer risk that is adjusted to equal a Hazard Index number other than 5, if the department determines that the existing air contamination source emits a material amount of one or more toxic air contaminants that are identified by the Environmental Quality Commission by rule to be toxic air contaminants that are expected to have:

(a) Developmental human health effects associated with prenatal or postnatal exposure; or

(b) Other severe human health effects.

(2) The adjusted benchmark for excess noncancer risk applicable to an air contamination source described in subsection (1) of this section may be equal to a Hazard Index number determined by the department based on standards and criteria set forth by the commission in rule, but may be no less than a Hazard Index number of 3.

(3)(a) The commission shall adopt rules necessary to implement this section. The rules must, at a minimum:

(A) Identify toxic air contaminants for which the department may apply an adjusted benchmark for excess noncancer risk under subsection (1) of this section; and

(B) Establish standards and criteria for determining the degree to which the department may adjust the benchmark for excess noncancer risk applicable to an individual air contamination source described in subsection (1) of this section.

(b) Before adopting rules under this section, the commission shall establish and consider the recommendations of an advisory committee composed, at a minimum, of persons with technical expertise in toxic air contaminant risk assessment. [2018 c.102 §7]

Sec. 8. Section 7 of this 2018 Act is repealed on January 1, 2029. [2018 c.102 §8]

Sec. 11. Report. The Department of Environmental Quality shall report to the interim committees of the Legislative Assembly related to the environment, no later than September 15, 2026, on the costs and benefits of regulating existing air contamination sources based on the benchmark for excess noncancer risk as defined in section 2 of this 2018 Act [468A.335] and based on any adjusted benchmarks for excess noncancer risk that have been applied to existing air contamination sources pursuant to section 7 of this 2018 Act. The report may include recommendations for legislation. [2018 c.102 §11]

Sec. 12. Section 11 of this 2018 Act is repealed January 2, 2027. [2018 c.102 §12]

468A.345 Fees. (1) The fee schedules authorized under ORS 468.065 (2) for permits described in subsection (2) of this section may include fees that are reasonably calculated to cover the direct and indirect costs of the Department of Environmental Quality and the Environmental Quality Commission in developing and implementing, under ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018, a program and rules described in ORS 468A.337 or a pilot program described in ORS 468A.339.

(2) The fees authorized by subsection (1) of this section shall:

(a) Apply for any class of air contamination sources classified pursuant to ORS 468A.050 for which a person is required to obtain a permit under ORS 468A.040 or 468A.155 or is subject to the federal operating permit program pursuant to ORS 468A.310; and

(b) Be in addition to, and not in lieu of, any other fee required under ORS 468.065 or 468A.315.

(3) Not more than once each calendar year, the Environmental Quality Commission may increase the fees authorized under this section. The amount of the annual increase may not exceed the anticipated increase in the cost of implementing ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018, or three percent, whichever is lower, unless a larger increase is provided for in the Department of Environmental Quality’s legislatively approved budget.

(4)(a) Any rule adopted under ORS 468.065 (2) regarding late payment of emission fees by an air contamination source issued a permit under ORS 468A.040 or 468A.155 shall apply in the same manner to an air contamination source issued a permit under ORS 468A.040 or 468A.155 for late payment of fees under this section.

(b) Any rule adopted under ORS 468A.315 regarding late payment of emission fees by sources subject to the federal operating permit program shall apply in the same manner to sources subject to the federal operating permit program for late payment of fees under this section.

(5) The department may, in the manner provided in ORS 468.070, refuse to issue, suspend, revoke or refuse to renew a permit issued under ORS 468A.040 or 468A.155 or under the federal operating permit program pursuant to ORS 468A.310 for failure to comply with the provisions of this section. [2018 c.102 §13]

MOTOR VEHICLE POLLUTION CONTROL

468A.350 Definitions for ORS 468A.350 to 468A.400. As used in ORS 468A.350 to 468A.400:

(1) “Certified system” means a motor vehicle pollution control system for which a certificate of approval has been issued under ORS 468A.365 (3).

(2) “Factory-installed system” means a motor vehicle pollution control system installed by the manufacturer which meets criteria for emission of pollutants in effect under federal laws and regulations applicable on September 9, 1971, or which meets criteria adopted pursuant to ORS 468A.365 (1), whichever criteria are stricter.

(3) “Motor vehicle” includes any self-propelled vehicle used for transporting persons or commodities on public roads and highways but does not include a vehicle of special interest as that term is defined in ORS 801.605, if the vehicle is maintained as a collector’s item and used for exhibitions, parades, club activities and similar uses but not used primarily for the transportation of persons or property, or a racing activity vehicle as defined in ORS 801.404.

(4) “Motor vehicle pollution control system” means equipment designed for installation on a motor vehicle for the purpose of reducing the pollutants emitted from the vehicle, or a system or engine adjustment or modification which causes a reduction of pollutants emitted from the vehicle. [Formerly 468.360; 2007 c.693 §8]

468A.355 Legislative findings. For purposes of ORS 468A.350 to 468A.400, the Legislative Assembly finds:

(1) That the emission of pollutants from motor vehicles is a significant cause of air pollution in many portions of this state.

(2) That the control and elimination of such pollutants are of prime importance for the protection and preservation of the public health, safety and well-being and for the prevention of irritation to the senses, interference with visibility, and damage to vegetation and property.

(3) That the state has a responsibility to establish procedures for compliance with standards which control or eliminate such pollutants.

(4) That the Oregon goal for pure air quality is the achievement of an atmosphere with no detectable adverse effect from motor vehicle air pollution on health, safety, welfare and the quality of life and property. [Formerly 449.951 and then 468.365]

468A.360 Motor vehicle emission and noise standards; copy to Department of Transportation. (1) After public hearing and in accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt motor vehicle emission standards. For the purposes of this section, the commission may include, as a part of such standards, any standards for the control of noise emissions adopted pursuant to ORS 467.030.

(2) The commission shall furnish a copy of standards adopted pursuant to this section to the Department of Transportation and shall publish notice of the standards in a manner reasonably calculated to notify affected members of the public. [Formerly 468.370]

468A.363 Purpose of ORS 468A.363, 468A.365, 468A.400 and 815.300. The Legislative Assembly declares the purpose of ORS 468A.363, 468A.365, 468A.400 and 815.300 is to:

(1) Insure that the health of citizens in the Portland area is not threatened by recurring air pollution conditions.

(2) Provide necessary authority to the Environmental Quality Commission to implement one of the critical elements of the air quality maintenance strategy for the Portland area related to improvements in the motor vehicle inspection program.

(3) Insure that the Department of Environmental Quality is able to submit an approvable air quality maintenance plan for the Portland area through the year 2006 to the Environmental Protection Agency as soon as possible so that area can again be designated as an attainment area and impediments to industrial growth imposed in the Clean Air Act can be removed.

(4) Direct the Environmental Quality Commission to use existing authority to incorporate the following programs for emission reduction credits into the air quality maintenance plan for the Portland area:

(a) California or United States Environmental Protection Agency emission standards for new lawn and garden equipment sold in the Portland area.

(b) Transportation-efficient land use requirements of the transportation planning rule adopted by the Land Conservation and Development Commission.

(c) Improvements in the vehicle inspection program as authorized in ORS 468A.350 to 468A.400, including emission reduction from on-road vehicles resulting from enhanced testing, elimination of exemptions for 1974 and later model year vehicles, and expansion of inspection program boundaries.

(d) An employer trip reduction program that provides an emission reduction from on-road vehicles.

(e) A parking ratio program that limits the construction of new parking spaces for employment, retail and commercial locations.

(f) Emission reductions resulting from any new federal motor vehicle fuel tax.

(g) State and federal alternative fuel vehicles fleet programs that result in emission reductions.

(h) Installation of maximum achievable control technology by major sources of hazardous air pollutants as required by the federal Clean Air Act, as amended, resulting in emission reductions.

(i) As a safety margin, or as a substitute in whole or in part for other elements of the plan, emission reductions resulting from any new state gasoline tax or for any new vehicle registration fee that allows use of revenue for air quality improvement purposes. [1993 c.791 §2]

Note: 468A.363 was added to and made a part of 468A.350 to 468A.400 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

468A.365 Certification of motor vehicle pollution control systems and inspection of motor vehicles; rules. The Environmental Quality Commission shall:

(1) Determine and adopt by rule criteria for certification of motor vehicle pollution control systems. In determining the criteria the commission shall consider the following:

(a) The experience of any other state or the federal government;

(b) The cost of the system and of its installation;

(d) The ease of determining whether the system, when installed on a motor vehicle, is functioning properly; and

(e) Any other factors which, in the opinion of the commission, render such a system suitable for the control of motor vehicle air pollution or for the protection of the health, safety and welfare of the public.

(2) Prescribe by rule the manner in which a motor vehicle pollution control system shall be tested for certification. The rules may prescribe a more rigorous inspection procedure in the areas designated under ORS 815.300 (2)(a), including any expansion of such boundary under ORS 815.300 (2)(b), in order to reduce air pollution emissions in those areas of the state. No such rule shall require testing for certification more often than once during the period for which registration or renewal of registration for a motor vehicle is issued. No rule shall require testing for certification of a motor vehicle that is exempted from the requirement for certification under ORS 815.300.

(3) Issue certificates of approval for classes of motor vehicle pollution control systems which, after being tested by the commission or by a method acceptable to the commission, the commission finds meet the criteria adopted under subsection (1) of this section.

(4) Designate by rule classifications of motor vehicles for which certified systems are available.

(5) Revoke, suspend or restrict a certificate of approval previously issued upon a determination that the system no longer meets the criteria adopted under subsection (1) of this section pursuant to procedures for a contested case under ORS chapter 183.

(6) Designate suitable methods and standards for testing systems and inspecting motor vehicles to determine and insure compliance with the standards and criteria established by the commission.

(7) Except as provided in ORS 468A.370, contract for the use of or the performance of tests or other services within or without the state. [Formerly 468.375; 1993 c.791 §3]

468A.370 Cost-effective inspection program; contracts for inspections. The Environmental Quality Commission shall determine the most cost-effective method of conducting a motor vehicle pollution control system inspection program as required by ORS 468A.365. Upon finding that savings to the public and increased efficiency would result and the quality of the program would be adequately maintained, the commission may contract with a unit of local government or with a private individual, partnership or corporation authorized to do business in the State of Oregon, for the performance of tests or other services associated with conducting a motor vehicle pollution control system inspection program. [Formerly 468.377]

468A.375 Notice to state agencies concerning certifications. The Department of Environmental Quality shall notify the Department of Transportation and the Oregon State Police whenever certificates of approval for motor vehicle pollution control systems are approved, revoked, suspended or restricted by the Environmental Quality Commission. [Formerly 449.963 and then 468.380]

468A.380 Licensing of personnel and equipment; certification of motor vehicles; rules. (1) The Environmental Quality Commission by rule may:

(a) Establish criteria and examinations for the qualification of persons eligible to inspect motor vehicles and motor vehicle pollution control systems and execute the certificates described under ORS 815.310, and for the procedures to be followed in such inspections.

(b) Establish criteria and examinations for the qualification of equipment, apparatus and methods used by persons to inspect motor vehicles and motor vehicle pollution control systems.

(2) Subject to rules of the commission, the Department of Environmental Quality shall:

(a) Issue licenses to any person, type of equipment, apparatus or method qualified pursuant to subsection (1) of this section.

(b) Revoke, suspend or modify licenses issued pursuant to paragraph (a) of this subsection in accordance with the provisions of ORS chapter 183 relating to contested cases.

(c) Issue certificates of compliance for motor vehicles which, after being tested in accordance with the rules of the commission, meet the criteria established under subsection (1) of this section and the standards adopted pursuant to ORS 468A.350 to 468A.385 and 468A.400. [Formerly 468.390]

468A.385 Determination of compliance of motor vehicles. (1) The Environmental Quality Commission shall establish and maintain procedures and programs for determining whether motor vehicles meet the minimum requirements necessary to secure a certificate under ORS 815.310.

(2) Such procedures and programs include, but are not limited to, the installation of a certified system and the adjustment, tune-up, or other mechanical work performed on the motor vehicle in accordance with the requirements of the commission. [Formerly 468.395]

468A.387 Operating schedules for testing stations. (1) The Department of Environmental Quality shall establish flexible weekday operating schedules for testing stations that conduct motor vehicle pollution control system inspections described under ORS 468A.365 that extend the hours of operation beyond 5 p.m. for some testing stations for some days of the week.

(2) After determining the hours of operation for testing stations under subsection (1) of this section, the department shall advertise the hours of operation in as many ways as practicable, including but not limited to:

(a) Enclosing information about the hours of operation in all mailings and notices related to motor vehicle emission testing and motor vehicle registration renewal notices;

(b) Posting the hours of operation at Department of Transportation field offices;

(d) Using appropriate Internet and other electronic media services that may be available. [1999 c.475 §2; 2009 c.551 §1]

468A.390 Designation of areas of the state subject to motor vehicle emission inspection program; rules. (1) If the need for a motor vehicle pollution control system inspection program is identified for an area in the State of Oregon Clean Air Act Implementation Plan, then the Environmental Quality Commission, by rule, shall designate boundaries, in addition to the areas specified in ORS 815.300 (2)(a) and (b), within which motor vehicles are subject to the requirement under ORS 815.300 to have a certificate of compliance issued under ORS 468A.380 to be registered or have the registration of the vehicle renewed.

(2) Whenever the Environmental Quality Commission designates boundaries under this section within which vehicles are subject to the requirements of ORS 815.300, the commission shall notify the Department of Transportation and shall provide the Department of Transportation with information necessary to perform the Department of Transportation’s duties under ORS 815.300. [Formerly 468.397]

468A.395 Bond or letter of credit; remedy against person licensed under ORS 468A.380; cancellation of license. (1) Any person licensed to issue certificates of compliance pursuant to ORS 468A.380 shall file with the Department of Environmental Quality a surety bond or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The bond or letter of credit shall be executed to the State of Oregon in the sum of $1,000. It shall be approved as to form by the Attorney General, and shall be conditioned that inspections and certifications will be made only by persons who meet the qualifications fixed by the Environmental Quality Commission and will be made without fraud or fraudulent representations and without violating any of the provisions of ORS 468A.350 to 468A.400, 815.295, 815.300, 815.310, 815.320 and 815.325.

(2) In addition to any other remedy that a person may have, if any person suffers any loss or damage by reason of the fraud, fraudulent representations or violation of any of the provisions of ORS 468A.350 to 468A.400, 815.295, 815.300, 815.310, 815.320 and 815.325 by a person licensed pursuant to ORS 468A.380, the injured person has the right of action against the business employing such licensed person and a right of action in the person’s own name against the surety upon the bond or the letter of credit issuer.

(3) The license issued pursuant to ORS 468A.380 of any person whose bond is canceled by legal notice shall be canceled immediately by the department. If the license is not renewed or is voluntarily or involuntarily canceled, the sureties of the bond or the letter of credit issuers shall be relieved from liability accruing subsequent to such cancellation by the department. [Formerly 468.400; 1997 c.631 §480]

468A.400 Fees; collection; use. (1) The Department of Environmental Quality shall:

(a) Establish and collect fees for application, examination and licensing of persons, equipment, apparatus or methods in accordance with ORS 468A.380 and within the following limits:

(A) The fee for licensing shall not exceed $5.

(B) The fee for renewal of licenses shall not exceed $1.

(b) Establish fees for the issuance of certificates of compliance. The department may classify motor vehicles and establish a different fee for each such class. The fee for the issuance of certificates shall be established by the Environmental Quality Commission in an amount based upon the costs of administering this program. Before establishing the fees, the commission shall determine the most cost effective program consistent with Clean Air Act requirements for each area of the state pursuant to ORS 468A.370.

(2) The department shall collect the fees established pursuant to subsection (1)(b) of this section at the time of the issuance of certificates of compliance as required by ORS 468A.380 (2)(c).

(3) On or before the 15th day of each month, the commission shall pay into the State Treasury all moneys received as fees pursuant to subsections (1) and (2) of this section during the preceding calendar month. The State Treasurer shall credit such money to the Department of Environmental Quality Motor Vehicle Pollution Account, which is hereby created. The moneys in the Department of Environmental Quality Motor Vehicle Pollution Account are continuously appropriated to the department to be used by the department solely or in conjunction with other state agencies and local units of government for:

(a) Any expenses incurred by the department and, if approved by the Governor, any expenses incurred by the Department of Transportation in the certification, examination, inspection or licensing of persons, equipment, apparatus or methods in accordance with the provisions of ORS 468A.380 and 815.310.

(b) Such other expenses as are necessary to study traffic patterns and to inspect, regulate and control the emission of pollutants from motor vehicles in this state.

(4) The Department of Environmental Quality may enter into an agreement with the Department of Transportation to collect the licensing and renewal fees described in subsection (1)(a) of this section subject to the fees being paid and credited as provided in subsection (3) of this section. [Formerly 468.405; 1993 c.18 §122; 1993 c.791 §4]

468A.405 Authority to limit motor vehicle operation and traffic; rules. The Environmental Quality Commission and regional air pollution control authorities organized pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B by rule may regulate, limit, control or prohibit motor vehicle operation and traffic as necessary for the control of air pollution which presents an imminent and substantial endangerment to the health of persons. [Formerly 449.747 and then 468.410]

468A.410 Administration and enforcement of rules adopted under ORS 468A.405. Cities, counties, municipal corporations and other agencies, including the Department of State Police and the Department of Transportation, shall cooperate with the Environmental Quality Commission and regional air pollution control authorities in the administration and enforcement of the terms of any rule adopted pursuant to ORS 468A.405. [Formerly 449.751 and then 468.415]

468A.415 Legislative findings. The Legislative Assembly finds that extending additional statewide controls and fees on industrial and motor vehicle sources of air pollution may not be sufficient to attain and maintain desired air quality standards in the Portland-Vancouver air quality maintenance area. Additional approaches are needed to address growth in vehicle miles of travel that satisfy mobility needs and allow for economic growth while meeting the air quality goals for the region. [1991 c.752 §13]

468A.420 Oxygenated motor vehicle fuels; when required by rule. (1) The Environmental Quality Commission shall adopt rules consistent with section 211 of the Clean Air Act to require oxygenated motor vehicle fuels to be used in any carbon monoxide nonattainment area in the state.

(2) The rules adopted under subsection (1) of this section shall require:

(a) Oxygenated fuels to be used during any portion of the year during which the nonattainment area is prone to high ambient concentrations of carbon monoxide.

(b) The use of oxygenated fuels in carbon monoxide nonattainment areas on or before November 1, 1992.

(3) An oxygenated fuel shall contain 2.7 percent or more oxygen by weight. Methods to achieve this requirement may include but need not be limited to the use of ethanol blends. [1991 c.752 §13b]

468A.425 [1991 c.752 §14; repealed by 1995 c.79 §284]

468A.430 [1991 c.752 §14a; repealed by 1995 c.79 §284]

468A.435 [1991 c.752 §14b; repealed by 1995 c.79 §284]

468A.440 [1991 c.752 §14c; repealed by 1995 c.79 §284]

468A.445 [1991 c.752 §14d; repealed by 1995 c.79 §284]

468A.450 [1991 c.752 §14e; repealed by 1995 c.79 §284]

468A.455 Police enforcement. The Oregon State Police, the county sheriff and municipal police are authorized to use such reasonable force as is required in the enforcement of any rule adopted pursuant to ORS 468A.405 and may take such reasonable steps as are required to assure compliance therewith, including but not limited to:

(1) Locating appropriate signs and signals for detouring, prohibiting and stopping motor vehicle traffic; and

(2) Issuing warnings or citations. [Formerly 449.753 and then 468.420]

SOLID FUEL BURNING DEVICES

468A.460 Policy. In the interest of the public health and welfare it is the policy of the State of Oregon to control, reduce and prevent air pollution caused by solid fuel burning devices. The Legislative Assembly declares that it is also the policy of the State of Oregon to reduce solid fuel burning device emissions by encouraging the Department of Environmental Quality to continue efforts to educate the public about the air quality effects of those emissions, by ensuring that solid fuel burning devices used in Oregon meet emission performance standards established under ORS 468A.465 and by ensuring compliance with ORS 468A.460 to 468A.515. [Formerly 468.630; 2009 c.387 §1]

468A.465 Certification requirements for new solid fuel burning devices; rules. (1) A person may not advertise to sell, offer to sell or sell a new solid fuel burning device in Oregon unless, pursuant to rules adopted by the Environmental Quality Commission, the Department of Environmental Quality certifies that the device meets emission performance standards, certification labeling standards and all other requirements set forth in rules adopted by the commission. Before adopting emission performance standards under this section, the commission shall consider any emission performance standards proposed or adopted by the United States Environmental Protection Agency.

(2) In addition to devices certified under subsection (1) of this section, the department may certify new solid fuel burning devices that have been certified by the United States Environmental Protection Agency pursuant to:

(a) 40 C.F.R. part 60, subpart AAA, as in effect on the date the commission first adopts rules under subsection (1) of this section; or

(b) Any equivalent or more stringent standard adopted by the United States Environmental Protection Agency subsequent to such date. [Formerly 468.635; 2009 c.387 §2]

468A.467 Prohibition on burning certain materials in solid fuel burning devices. A person may not cause or allow any of the following materials to be burned in a solid fuel burning device, a masonry heater, a pellet stove, a trash burner or any device described in ORS 468A.485 (4)(b):

(1) Garbage;

(2) Treated wood;

(3) Plastic or plastic products;

(4) Rubber or rubber products;

(5) Animal carcasses;

(6) Products that contain asphalt;

(7) Waste petroleum products;

(8) Paint;

(9) Chemicals;

(10) Paper or paper products, except for paper used to kindle a fire; or

(11) Any other materials described in rules adopted by the commission. [2009 c.387 §6]

468A.470 [Formerly 468.640; repealed by 2009 c.387 §20]

468A.475 [Formerly 468.650; repealed by 2009 c.387 §20]

468A.480 [Formerly 468.655; 1993 c.742 §75; repealed by 2009 c.387 §20]

468A.485 Definitions for ORS 468A.460 to 468A.515. As used in ORS 468A.460 to 468A.515:

(1) “Masonry heater” has the meaning given that term in the American Society for Testing and Materials (ASTM) E1602-03, Standard Guide for Construction of Solid Fuel Burning Masonry Heaters, as in effect on January 1, 2010, or the meaning given that term by rule of the Environmental Quality Commission.

(2) “Pellet stove” means a heating device that uses wood pellets, or other biomass fuels designed for use in pellet stoves, as its primary source of fuel.

(3) “Residential structure” has the meaning given that term in ORS 701.005.

(4)(a) “Solid fuel burning device” means any device that burns wood, coal or other nongaseous or nonliquid fuels for aesthetic, space-heating or water-heating purposes in a private residential structure or a commercial establishment and that has a heat output of less than one million British thermal units per hour.

(b) “Solid fuel burning device” does not include:

(A) Masonry fireplaces built on homesites, or factory-built fireplaces, that are designed to be used with an open combustion chamber, that are without features to control air-to-fuel ratios and that meet minimum emission performance standards adopted by the commission, or all masonry fireplaces and factory-built fireplaces if the commission does not adopt any standards;

(B) Woodstoves built before 1940 that have an ornate construction and a current market value substantially higher than a common woodstove manufactured during the same period;

(C) Pellet stoves that meet minimum emission performance standards adopted by the commission, or all pellet stoves if the commission does not adopt any standards;

(D) Masonry heaters that meet minimum emission performance standards adopted by the commission, or all masonry heaters if the commission does not adopt any standards;

(E) Central, wood-fired furnaces that are indoors, ducted and thermostatically controlled, that have a dedicated cold air inlet and a dedicated hot air outlet that connect to the heating ductwork for the entire residential structure and that meet minimum emission performance standards adopted by the commission, or all central, wood-fired furnaces if the commission does not adopt any standards; and

(F) Other solid fuel burning devices identified in rules adopted by the commission.

(5)(a) “Trash burner” means any equipment that is used to dispose of waste by burning.

(b) “Trash burner” does not include an air contamination source that has been issued an air quality permit as described in ORS 468A.040.

(6) “Treated wood” means wood of any species that has been chemically impregnated, painted or similarly modified to prevent weathering and deterioration. [1991 c.752 §8a; 2009 c.387 §4]

468A.490 Residential Solid Fuel Heating Air Quality Improvement Fund; uses. (1) There is established within the State Treasury a fund known as the Residential Solid Fuel Heating Air Quality Improvement Fund, separate and distinct from the General Fund.

(2) All moneys appropriated or received from any source, public or private, for the purpose of reducing the emission of air contaminants from solid fuel burning devices shall be credited to the Residential Solid Fuel Heating Air Quality Improvement Fund.

(3) The State Treasurer may invest and reinvest the moneys in the fund as provided in ORS 293.701 to 293.857. Interest from the moneys deposited in the fund and earnings from investment of the moneys in the fund shall accrue to the fund.

(4) All moneys in the fund are continuously appropriated to the Department of Environmental Quality to:

(a) Pay all costs incurred by the department for evaluating projects and programs, including projects and programs proposed by local communities or qualifying organizations, for project management and oversight of funds awarded for projects and programs selected in accordance with this section and for documenting the benefit to air quality from such projects;

(b) Fund the programs established under subsections (5) and (6) of this section;

(d) Fund public education programs related to compliance with ORS 468A.460 to 468A.515;

(e) Fund public education programs related to the benefits of the use of solid fuel burning devices certified pursuant to ORS 468A.460 to 468A.515; and

(f) Fund programs for replacing or removing solid fuel burning devices that are not certified by the department pursuant to ORS 468A.465.

(5) The department shall use moneys available under subsection (4) of this section to establish a program designed to reduce the emission of air contaminants by providing grants, loans, rebates or other subsidies for the replacement or removal of solid fuel burning devices that were not certified by the department pursuant to ORS 468A.465. In addition to any other requirements established by rules adopted by the Environmental Quality Commission, the program shall provide that:

(a) Forms of new high-efficiency, low air contaminant-emitting heating systems are allowed, as determined by the department;

(b) Any solid fuel burning device removed under the program must be destroyed;

(c) Any replacement device selected under the program must be installed in conformance with building code requirements and the manufacturer’s specifications including but not limited to venting specifications; and

(d) To be eligible, program participants shall participate in any home energy audit program provided at no charge to the homeowner and shall obtain all information available regarding subsidies for cost-effective weatherization. The department shall make the information required in this subsection readily available to program participants.

(6) The department shall use moneys available under subsection (4) of this section to establish a program designed to reduce the emission of air contaminants from solid fuel burning devices by providing grants, loans, rebates or other subsidies to make dry wood or cleaner fuel available to communities or individuals.

(7) In establishing the programs pursuant to subsections (5) and (6) of this section, the department shall prioritize allocating grants, loans, rebates or other subsidies within:

(a) Nonattainment areas in this state that do not attain compliance with the standards for particulate matter established by the commission pursuant to ORS 468A.025; and

(b) Areas in this state that the department determines are at substantial risk of being designated nonattainment areas due to particulate matter emissions.

(8) The department may:

(a) Enter into an agreement with a local government or a regional authority in order to implement the program established under subsection (5) of this section; and

(b) Enter into an agreement with a local government in order to implement the program established under subsection (6) of this section. [1991 c.752 §10; 2009 c.387 §7; 2017 c.122 §1]

468A.495 Prohibition on installation of used solid fuel burning devices; exceptions; rules. (1) The state building code under ORS 455.010 shall prohibit installations of used solid fuel burning devices, except devices that were certified for sale as new:

(a) By the United States Environmental Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA; or

(b) By the Department of Environmental Quality pursuant to ORS 468A.465.

(2) Notwithstanding subsection (1) of this section, if pursuant to ORS 468A.465 the Environmental Quality Commission adopts more stringent standards than those described in subsection (1) of this section for the certification of new solid fuel burning devices, the commission by rule may prohibit the installation of some or all used solid fuel burning devices certified for sale as new under less stringent standards if:

(a) The used solid fuel burning devices were manufactured at least 15 years prior to the date on which the commission adopts more stringent standards; or

(b) The used solid fuel burning devices are located in a nonattainment area in this state that does not attain compliance with standards for particulate matter established by the commission pursuant to ORS 468A.025. [1991 c.752 §10a; 2009 c.387 §8]

468A.500 Prohibition on sale of noncertified solid fuel burning devices; rules. (1) A person may not advertise for sale, offer to sell or sell, within this state, a used solid fuel burning device unless the device was certified for sale as new:

(a) By the United States Environmental Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA; or

(b) By the Department of Environmental Quality pursuant to ORS 468A.465.

(2) Notwithstanding subsection (1) of this section, if pursuant to ORS 468A.465 the Environmental Quality Commission adopts more stringent standards than those described in subsection (1) of this section for the certification of new solid fuel burning devices, the commission by rule may prohibit the advertisement for sale, offer to sell or sale of some or all used solid fuel burning devices certified for sale as new under less stringent standards if:

(a) The used solid fuel burning devices were manufactured at least 15 years prior to the date on which the commission adopts more stringent standards; or

468A.505 Removal; exceptions; confirmation of removal; rules. (1) In connection with the sale of a residential structure, all used solid fuel burning devices, other than cookstoves, in the residential structure or on the real property sold with the residential structure, must be removed and destroyed unless the solid fuel burning devices were certified for sale as new:

(a) By the United States Environmental Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA; or

(b) By the Department of Environmental Quality pursuant to ORS 468A.465.

(2) Notwithstanding subsection (1) of this section, if pursuant to ORS 468A.465 the Environmental Quality Commission adopts more stringent standards than those described in subsection (1) of this section for the certification of new solid fuel burning devices, the commission by rule may require the removal and destruction of some or all used solid fuel burning devices certified for sale as new under less stringent standards if:

(a) The used solid fuel burning devices were manufactured at least 15 years prior to the date on which the commission adopts more stringent standards; or

(3) This section does not apply to:

(a) Masonry heaters;

(b) Masonry fireplaces described in ORS 468A.485 (4)(b)(A); and

(4) The removal and destruction of a used solid fuel burning device under this section is the responsibility of the seller of the residential structure, unless the seller and buyer agree in writing that it is the buyer’s responsibility. If the seller retains responsibility, the seller shall remove and destroy the device prior to the closing date of the sale of the residential structure. If the buyer accepts responsibility, the buyer shall remove and destroy the device within 30 days after the closing date of the sale of the residential structure.

(5) The person responsible for removal and destruction of a used solid fuel burning device under this section shall provide to the department written confirmation of the removal and destruction, pursuant to rules adopted by the commission.

(6) The failure of a seller or buyer of a residential structure to comply with this section does not invalidate an instrument of conveyance executed in the sale. [1991 c.752 §10c; 2009 c.387 §10]

468A.510 [1991 c.752 §10d; repealed by 2009 c.387 §20]

468A.515 Residential solid fuel heating curtailment program requirements; exemptions; rules. (1) If a local government or regional authority has not adopted or is not adequately implementing a curtailment program in any area of the state where such a program is required under the Clean Air Act, the Environmental Quality Commission may adopt by rule, and the Department of Environmental Quality may operate and enforce, a program to curtail residential solid fuel heating during periods of air stagnation as described in subsection (2) of this section. The department shall suspend operation and enforcement of a program adopted under this subsection upon a determination by the department that the local government or regional authority has adopted and is adequately implementing the required curtailment program.

(2) Any programs adopted by the commission pursuant to subsection (1) of this section to curtail residential solid fuel heating during periods of air stagnation shall provide for two stages of curtailment based on the severity of projected air quality conditions. Except as provided in subsection (4) of this section, the programs shall apply to all heating by means of solid fuel, including but not limited to solid fuel burning devices, masonry heaters, pellet stoves, trash burners and all devices described in ORS 468A.485 (4)(b). The programs shall provide that use of a solid fuel burning device, masonry fireplace or other solid fuel burning device identified in rules adopted by the commission be curtailed only at the more severe stage of projected air quality if the solid fuel burning device, masonry fireplace or other solid fuel burning device identified in rules adopted by the commission was certified for sale as new:

(a) By the United States Environmental Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA; or

(b) By the department pursuant to ORS 468A.465.

(3) Notwithstanding subsection (2) of this section, if pursuant to ORS 468A.465 the commission adopts more stringent standards than those described in subsection (2) of this section for the certification of new solid fuel burning devices, the commission by rule may require curtailment during the less severe stage of projected air quality of some or all solid fuel burning devices certified for sale as new under less stringent standards if:

(a) The solid fuel burning devices were manufactured at least 15 years prior to the date on which the commission adopts more stringent standards; or

(b) The solid fuel burning devices are located in a nonattainment area in this state that does not attain compliance with standards for particulate matter established by the commission pursuant to ORS 468A.025.

(4) Programs adopted by the commission to curtail residential solid fuel heating during periods of air stagnation do not apply to:

(a) A person who is classified at less than or equal to 125 percent of poverty level pursuant to guidelines established by the commission taking into account federal poverty guidelines;

(b) A person whose residence is equipped solely with a solid fuel burning device that meets any additional requirements as described in rules adopted by the commission; and

(c) Pellet stoves, unless the pellet stove is located in a nonattainment area in this state that does not attain compliance with standards for particulate matter established by the commission pursuant to ORS 468A.025. [1991 c.752 §11; 2009 c.387 §12]

468A.520 [1991 c.752 §21; repealed by 2009 c.387 §20]

FIELD BURNING AND PROPANE FLAMING

468A.550 Definitions for ORS 468A.550 to 468A.620 and 468A.992. As used in ORS 468A.550 to 468A.620 and 468A.992:

(1) “Field burning” and “open field burning” do not include:

(a) Propane flaming of mint stubble; or

(b) Stack or pile burning of residue from Christmas trees as defined in ORS 571.505.

(2) “Research and development of alternatives to field burning” includes, but is not limited to, projects concerned with cultural practices for producing grass seed without field burning, environmental impacts of alternative seed production methods, straw marketing and utilization and alternative crops.

(3) “Smoke management” means the daily control of the conducting of open field burning to such times and places and in such amounts so as to provide for the escape of smoke and particulate matter therefrom into the atmosphere with minimal intrusion into cities and minimal impact on public health and in such a manner that under existing meteorological conditions a maximum number of acres registered can be burned in a minimum number of days without substantial impairment of air quality.

(4) “Smoke management program” means a plan or system for smoke management. A smoke management program shall include, but not be limited to, provisions for:

(a) Annual inventorying and registering, prior to the burning season, of agricultural fields for open field burning;

(b) Preparation and issuance of open field burning permits by affected governmental agencies;

(d) Scheduling times, places and amounts of agricultural fields that may be open burned daily or hourly, based on meteorological conditions during the burning season;

(e) Conducting surveillance and gathering and disseminating information on a daily or more frequent basis;

(f) Effective communications between affected personnel during the burning season; and

(g) Employment of personnel to conduct the program. [Formerly 468.453; 1997 c.473 §3; 1999 c.439 §2; 2001 c.70 §1; 2007 c.799 §5]

468A.555 Policy to reduce open field burning. The Legislative Assembly declares it to be the public policy of this state to reduce the practice of open field burning while developing and providing alternative methods of field sanitization and alternative methods of utilizing and marketing crop residues. [1991 c.920 §3]

468A.560 Applicability of open field burning, propane flaming and stack and pile burning statutes. Except for the fee imposed under ORS 468A.615 (1)(c), the provisions of ORS 468A.550 to 468A.620 and 468A.992 shall apply only to open field burning, propane flaming and stack or pile burning of grass seed crop residues or cereal grain crop residues on acreage located in Multnomah, Washington, Clackamas, Marion, Polk, Yamhill, Linn, Benton and Lane Counties. [1991 c.920 §2; 1997 c.473 §4; 2009 c.692 §1]

468A.565 Use of certified alternative thermal field sanitizer. Notwithstanding any provision of ORS 468A.550 to 468A.620 and 468A.992, any acreage sanitized by the use of an alternative thermal field sanitizer certified by the Environmental Quality Commission and the Director of Agriculture shall be exempt from the provisions of ORS 468A.550 to 468A.620 and 468A.992. [1991 c.920 §5]

468A.570 Classification of atmospheric conditions; marginal day. (1) As used in this section:

(a) “Marginal conditions” means atmospheric conditions such that smoke and particulate matter escape into the upper atmosphere with some difficulty but not such that limited additional smoke and particulate matter would constitute a danger to the public health and safety.

(b) “Marginal day” means a day on which marginal conditions exist.

(2) For purposes of ORS 476.380 and 478.960, the Environmental Quality Commission shall classify different types or combinations of atmospheric conditions as marginal conditions and shall specify the extent and types of burning that may be allowed under different combinations of atmospheric conditions. A schedule describing the types and extent of burning to be permitted on each type of marginal day shall be prepared and circulated to all public agencies responsible for providing information and issuing permits under ORS 476.380 and 478.960. The schedule shall give first priority to the burning of perennial grass seed crops used for grass seed production, second priority to annual grass seed crops used for grass seed production, third priority to grain crop burning, and fourth priority to all other burning and shall prescribe duration of periods of time during the day when burning is authorized.

(3) In preparing the schedule under subsection (2) of this section, the commission shall provide for the assignment of fourth priority burning by the State Department of Agriculture in accordance with the memorandum of understanding established pursuant to ORS 468A.585.

(4) In preparing the schedule required under subsection (2) of this section, the commission shall weigh the economic consequences of scheduled burnings and the feasibility of alternative actions, and shall consider weather conditions and other factors necessary to protect the public health and welfare.

(5) None of the functions of the commission under this section or under ORS 476.380 or 478.960, as it relates to agricultural burning, shall be performed by any regional air quality control authority established under ORS 468A.105. [1991 c.920 §6]

468A.575 Permits for open burning, propane flaming or stack or pile burning; rules. (1) Permits for open burning, propane flaming or stack or pile burning of the residue from perennial grass seed crops, annual grass seed crops and cereal grain crops are required in the counties listed in ORS 468A.560. Permits shall be issued in accordance with rules adopted by the Environmental Quality Commission and subject to the fee prescribed in ORS 468A.615. The permit described in this section shall be issued in conjunction with permits required under ORS 476.380 or 478.960.

(2) By rule the Environmental Quality Commission may delegate to any county court, board of county commissioners, fire chief of a rural fire protection district or other responsible person the duty to deliver permits to burn acreage if the acreage has been registered under ORS 468A.615 and fees have been paid as required in ORS 468A.615. [1991 c.920 §7; 2009 c.692 §2]

468A.580 Permits; inspections; planting restrictions; civil penalty. (1) Permits under ORS 468A.575 for open field burning of cereal grain crops shall be issued in the counties listed in ORS 468A.560 only if the person seeking the permit submits to the issuing authority a signed statement under oath or affirmation that the acreage to be burned will be planted to seed crops other than cereal grains which require flame sanitation for proper cultivation.

(2) The Department of Environmental Quality shall inspect cereal grain crop acreage burned under subsection (1) of this section after planting in the following spring to determine compliance with subsection (1) of this section.

(3) Any person planting contrary to the restrictions of subsection (1) of this section shall be assessed by the department a civil penalty of $25 for each acre planted contrary to the restrictions. Any amounts collected by the department under this subsection shall be deposited by the State Treasurer in the Department of Agriculture Service Fund to be used in carrying out the smoke management program in cooperation with the Oregon Seed Council and for administration of this section.

(4) Any person planting seed crops after burning cereal grain crops under subsection (1) of this section may apply to the department for permission to plant contrary to the restrictions of subsection (1) of this section if the seed crop fails to grow. The department may allow planting contrary to the restrictions of subsection (1) of this section if the crop failure occurred by reasons other than the negligence or intentional act of the person planting the crop or one under the control of the person planting the crop. [1991 c.920 §8; 2009 c.692 §3; 2011 c.597 §211]

468A.585 Memorandum of understanding with State Department of Agriculture. (1) The Environmental Quality Commission shall enter into a memorandum of understanding with the State Department of Agriculture that provides for the State Department of Agriculture to operate all of the field burning program.

(2) Subject to the terms of the memorandum of understanding required by subsection (1) of this section, the State Department of Agriculture:

(a) May perform any function of the Environmental Quality Commission or the Department of Environmental Quality relating to the operation and enforcement of the field burning smoke management program, except for making findings pursuant to ORS 468A.610 (10) and (11).

(b) May enter onto and inspect, at any reasonable time, the premises and fields of any person registered under ORS 468A.615 for an open field burn, propane flaming or stack or pile burning to ascertain compliance with a statute, rule, standard or permit condition relating to the field burning smoke management program.

(c) May conduct a program for the research and development of alternatives to field burning. [1991 c.920 §4; 1995 c.358 §3; 2001 c.70 §2; 2009 c.692 §4]

468A.590 Duties of State Department of Agriculture. Pursuant to the memorandum of understanding established under ORS 468A.585, the State Department of Agriculture:

(1) Shall:

(a) Conduct the smoke management program established by rule by the Environmental Quality Commission as it pertains to open field burning, propane flaming and stack or pile burning.

(b) Aid fire districts and permit agents in carrying out their responsibilities for administering field sanitization programs.

(2) May:

(a) Enter into contracts with public and private agencies to carry out the purposes set forth in subsection (1) of this section;

(b) Obtain patents in the name of the State of Oregon and assign such rights therein as the State Department of Agriculture considers appropriate;

(d) Sell and dispose of all surplus property of the State Department of Agriculture related to smoke management, including but not limited to straw-based products produced or manufactured by the State Department of Agriculture. [1991 c.920 §9; 2001 c.70 §3]

468A.595 Commission rules to regulate burning pursuant to ORS 468A.550 to 468A.620. In order to regulate open field burning pursuant to ORS 468A.550 to 468A.620:

(1) In such areas of the state and for such periods of time as it considers necessary to carry out the policy of ORS 468A.010, the Environmental Quality Commission by rule may prohibit, restrict or limit classes, types and extent and amount of burning for perennial grass seed crops, annual grass seed crops and grain crops.

(2) Before promulgating rules pursuant to subsection (1) of this section, the commission may consult with Oregon State University, the United States Natural Resources Conservation Service, or its successor agency, the Agricultural Stabilization Commission, the state Soil and Water Conservation Commission and other interested agencies. The Department of Environmental Quality shall advise the commission in the promulgation of such rules. The commission must review and show on the record the recommendations of the department in promulgating such rules.

(3) No regional air quality control authority shall have authority to regulate burning of perennial grass seed crops, annual grass seed crops and grain crops.

(4) Any amendments to the State Implementation Plan prepared by the state pursuant to the federal Clean Air Act, 42 U.S.C. 7401 et seq., as in effect on July 14, 2009, shall be at least of such sufficiency as to gain approval of the amendment by the United States Environmental Protection Agency. [Formerly 468.460; 1997 c.249 §163; 2009 c.692 §5]

468A.597 Duty to dispose of straw. Unless otherwise specifically agreed by the parties, after straw is removed from the fields of the grower, the responsibility for the further disposition of the straw, including burning or disposal, shall be upon the person who bales or removes the straw. [1993 c.414 §2]

468A.600 Standards of practice and performance. The Environmental Quality Commission shall establish standards of practice and performance for open field burning, propane flaming, stack or pile burning and certified alternative methods to open field burning. [1991 c.920 §10]

468A.605 Duties of Department of Environmental Quality. The Department of Environmental Quality, in coordinating efforts under ORS 468.140, 468.150, 468A.020, 468A.555 to 468A.620 and 468A.992, shall:

(1) Enforce all field burning rules adopted by the Environmental Quality Commission and all related statutes; and

(2) Monitor and prevent unlawful field burning. [1991 c.920 §11; 1995 c.358 §4]

468A.610 Acreage permitted to be open burned, propane flamed or stack or pile burned; exceptions; fees; rules. (1) Except as provided under ORS 468A.620, no person shall open burn or cause to be open burned, propane flamed or stack or pile burned in the counties listed in ORS 468A.560, perennial or annual grass seed crop residue or cereal grain crop residue, unless the acreage has been registered under ORS 468A.615 and the permits required by ORS 468A.575, 476.380 and 478.960 have been obtained.

(2) The maximum total registered acreage allowed to be open burned per year pursuant to subsection (1) of this section shall be:

(a) For 2009, 20,000 acres.

(b) For 2010 and thereafter, none.

(3) The maximum total registered acreage allowed to be stack or pile burned per year under subsection (1) of this section shall be:

(a) For 2009, 1,000 acres.

(b) For 2010, 1,000 acres.

(d) For 2012, 1,000 acres.

(e) For 2013 and thereafter, none.

(4) The maximum total registered acreage allowed to be propane flamed per year under subsection (1) of this section in the counties listed in ORS 468A.560 shall be:

(a) For 2009, 500 acres.

(b) For 2010, 500 acres.

(d) For 2012, 500 acres.

(e) For 2013 and thereafter, none.

(5) Fields shall be prepared for propane flaming by removing all loose straw or vacuuming, or prepared using other techniques approved by rule by the Environmental Quality Commission, and propane equipment shall satisfy best available technology.

(6)(a) Notwithstanding the limitations set forth in subsection (2) of this section, steep terrain and species identified by the Director of Agriculture by rule shall not be included in the maximum total of permitted acreage set forth in subsection (2) of this section. The additional acreage allowed to be open burned shall be 15,000 acres per year.

(b) Steep terrain and species identified by the Director of Agriculture by rule may not be open burned under the provisions of this subsection in Benton and Lane Counties and in Linn County, except for portions of northeast Linn County that are east of the North Santiam River and north of Jefferson-Scio Drive and Robinson Drive to the west boundary of the City of Scio and north of Highway 226, and portions of northeast Linn County that are east of Richardson Gap Road and north of Fish Hatchery Drive.

(7) Acreage registered to be open burned under this section may be propane flamed at the registrant’s discretion without reregistering the acreage.

(8) In the event of the registration of more than the maximum allowable acres for open burning, propane flaming or stack or pile burning in the counties listed in ORS 468A.560, the commission, after consultation with the State Department of Agriculture, by rule or order may assign priority of permits based on soil characteristics, the crop type, terrain or drainage. In no event may permits be issued for more than the maximum acreage listed in subsections (2), (3), (4) and (6) of this section.

(9) Permits shall be issued under ORS 468A.575 and open burning, propane flaming and stack or pile burning shall be allowed for the maximum acreage specified in subsections (2), (3), (4) and (6) of this section unless the daily determination of suitability of meteorological conditions, regional or local air quality conditions or other burning conditions requires that a maximum number of acres not be burned on a given day.

(10) Upon a finding of danger to public health or safety, the commission may order temporary emergency cessation of all open field burning, propane flaming and stack or pile burning in any area of the counties listed in ORS 468A.560.

(11)(a) Notwithstanding subsection (8) of this section, the commission may by order permit emergency open burning, propane flaming or stack or pile burning of up to 2,000 acres each calendar year in addition to the acreage allowed under subsections (2), (3), (4) and (6) of this section, if the commission finds:

(A) Extreme hardship due to disease outbreak or insect infestation, as identified by the commission by rule, outweighs the dangers to public health and safety from emergency open burning, propane flaming or stack or pile burning;

(B) Authorization of additional acreage does not result in open burning, propane flaming or stack or pile burning of more acreage than required to address the emergency;

(C) Authorization of additional acreage is limited to the calendar year in which the commission makes the required findings; and

(D) All emergency open burning, propane flaming or stack or pile burning is otherwise consistent with ORS 468A.550 to 468A.620 and rules adopted under ORS 468A.550 to 468A.620.

(b) The commission by rule may assess fees for the acreage burned pursuant to this subsection. All fees collected under this subsection shall be deposited in the State Treasury to the credit of the Department of Agriculture Service Fund for the purpose specified in ORS 468A.615 (2).

(12) The commission shall act on any application for a permit under ORS 468A.575 within 60 days of registration and receipt of the fee required under ORS 468A.615. [1991 c.920 §12; 1995 c.358 §5; 2009 c.692 §6; 2010 c.80 §1; 2011 c.9 §62]

468A.612 Field burning prohibition in critical nonburn areas; rules. (1) Notwithstanding any other provision of ORS 468A.550 to 468A.620, the Environmental Quality Commission by rule may prohibit field burning of grass seed crop residues or cereal grain crop residues in areas determined by the commission to be critical nonburn areas. The prohibition may be permanent or for a limited period of time.

(2) To ensure that the provision of electricity services is not interrupted, the critical nonburn areas described in subsection (1) of this section may include, but are not limited to, areas under power transmission lines. [2009 c.692 §8]

Note: 468A.612 was added to and made a part of 468A.550 to 468A.620 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

468A.615 Registration of acreage to be burned; fees; rules. (1)(a) On or before April 1 of each year, the grower of a grass seed crop shall register with the county court or board of county commissioners, the fire chief of a rural fire protection district, the designated representative of the fire chief or other responsible persons the number of acres to be open burned or propane flamed in the remainder of the year. At the time of registration, the Department of Environmental Quality shall collect a nonrefundable fee of $4 per acre registered to be sanitized by open burning or $2 per acre to be sanitized by propane flaming. The department may contract with counties and rural fire protection districts or other responsible persons for the collection of the fees which shall be forwarded to the department. Any person registering after April 1 in each year shall pay an additional fee of $2 per acre registered if the late registration is due to the fault of the late registrant or a person under the control of the late registrant. Late registrations must be approved by the department. Copies of the registration form shall be forwarded to the department. The required registration must be made and the fee paid before a permit shall be issued under ORS 468A.575.

(b) Except as provided in paragraph (d) of this subsection, the department shall collect a fee in accordance with paragraph (c) of this subsection for issuing a permit for open burning, propane flaming or stack or pile burning of perennial or annual grass seed crop residue or cereal grain crop residue under ORS 468A.555 to 468A.620 and 468A.992. The department may contract with counties and rural fire protection districts or other responsible persons for the collection of the fees which shall be forwarded to the department.

(c) The fee required under paragraph (b) of this subsection shall be paid within 10 days after the date of the invoice issued by the issuing authority and shall be:

(A) $16 per acre of crop sanitized by open burning in the counties listed in ORS 468A.560;

(B) $8 per acre of perennial or annual grass seed crop sanitized by open burning in any county not listed in ORS 468A.560;

(D) $10 per acre for acreage from which 100 percent of the straw is removed and burned in stacks or piles; and

(E) For acreage from which less than 100 percent of the straw is removed and burned in stacks or piles, the same per acre as the fee imposed under subparagraph (D) of this paragraph, but with a reduction in the amount of acreage for which the fee is charged by the same percentage as the reduction in the amount of straw to be burned.

(d) The fee required by paragraph (b) of this subsection shall not be charged for any acreage where efficient burning of stubble is accomplished with equipment certified by the department for field sanitizing purposes or with any other certified alternative method to open field burning, propane flaming or stack or pile burning. The fee required by paragraph (b) of this subsection shall not be charged for any acreage not harvested prior to burning or for any acreage not burned.

(2)(a) All fees collected under this section shall be deposited in the State Treasury to the credit of the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the State Department of Agriculture for the purpose of carrying out the duties and responsibilities carried out by the State Department of Agriculture pursuant to the memorandum of understanding established under ORS 468A.585. Upon a request from the Environmental Quality Commission, the State Department of Agriculture shall transfer from the fund to the commission moneys sufficient for the commission to carry out its duties specified in ORS 468A.610 (10) and (11).

(b) The State Department of Agriculture by rule may increase the fees required under this section as needed to carry out its duties and responsibilities pursuant to the memorandum of understanding established under ORS 468A.585, provided that the fees do not exceed the costs of the State Department of Agriculture in operating all of the field burning program.

(3) It is the intention of the Legislative Assembly that the programs for smoke management, air quality monitoring and the enforcement of rules under ORS 468A.550 to 468A.620 and 468A.992 be operated in a manner that maximizes the resources available for the research and development program. Therefore, with regard to the disbursement of funds collected under subsection (1) of this section, the State Department of Agriculture shall act in accordance with the intent of the Legislative Assembly and shall:

(a) Pay an amount to the county or board of county commissioners or the fire chief of the rural fire protection district or other responsible person, for each fire protection district, $1 per acre registered for each of the first 5,000 acres registered for open field burning and propane flaming in the district, 75 cents per acre registered for each of the second 5,000 acres registered in the district and 35 cents per acre registered for all acreage registered in the district in excess of 10,000 acres, to cover the cost of and to be used solely for the purpose of administering the program of registration of acreage to be burned, issuance of permits, keeping of records and other matters directly related to agricultural field burning. For each acre from which straw is removed and burned in stacks or piles, the State Department of Agriculture shall pay to the county or board of county commissioners, or the fire chief of the rural fire protection district or other responsible person, 25 cents per acre.

(b) Designate an amount to be used for the smoke management program. The State Department of Agriculture by contract with the Oregon Seed Council or otherwise shall organize rural fire protection districts and growers, coordinate and provide communications, hire ground support personnel, provide aircraft surveillance and provide such added support services as are necessary.

(c) Retain funds for the operation and maintenance of the Willamette Valley field burning air quality impact monitoring network and to insure adequate enforcement of rules established by the Environmental Quality Commission governing standards of practice for open field burning, propane flaming and stack or pile burning. [1991 c.920 §13; 1993 c.414 §3; 1995 c.79 §285; 1995 c.358 §6; 2009 c.692 §9]

468A.620 Experimental field sanitization; rules. (1) For the purpose of improving by demonstration or investigation the environmental or agronomic effects of alternative methods of field sanitization, the Environmental Quality Commission shall by rule allow experimental field sanitization under the direction of the Department of Environmental Quality for up to 1,000 acres of perennial grass seed crops, annual grass seed crops and grain crops in such areas and for such periods of time as the commission considers necessary. Experimental field sanitization includes but is not limited to:

(a) Development, demonstration or training personnel in the use of special or unusual field ignition techniques or methodologies.

(b) Setting aside times, days or areas for special studies.

(d) Improved methods of stack or pile burning.

(2) The commission may allow open burning under this section of acreage for which permits have not been issued under ORS 468A.575 if the commission finds that the experimental burning:

(a) Can, in theory, reduce the adverse effects on air quality or public health from open field burning; and

(b) Is necessary in order to obtain information on air quality, public health or the agronomic effects of an experimental form of field sanitization.

(3) The commission may, by rule, establish fees, registration requirements and other requirements or limitations necessary to carry out the provisions of this section. [1991 c.920 §14; 2009 c.692 §10]

CHLOROFLUOROCARBONS AND HALON CONTROL

468A.625 Definitions for ORS 468A.630 to 468A.645. As used in ORS 468A.630 to 468A.645:

(1) “Chlorofluorocarbons” includes:

(a) CFC-11 (trichlorofluoromethane);

(b) CFC-12 (dichlorodifluoromethane);

(d) CFC-114 (dichlorotetrafluoroethane); and

(e) CFC-115 ((mono)chloropentafluoro-ethane).

(2) “Halon” includes:

(a) Halon-1211 (bromochlorodifluoro-ethane);

(b) Halon-1301 (bromotrifluoroethane); and

468A.630 Legislative findings. (1) The Legislative Assembly finds and declares that chlorofluorocarbons and halons are being unnecessarily released into the atmosphere, destroying the Earth’s protective ozone layer and causing damage to all life.

(2) It is therefore declared to be the policy of the State of Oregon to:

(a) Reduce the use of these compounds;

(b) Recycle these compounds in use; and

468A.635 Restrictions on sale, installation and repairing of items containing chlorofluorocarbons and halon; rules. (1) After July 1, 1990, no person shall sell at wholesale, and after January 1, 1991, no person shall sell any of the following:

(a) Chlorofluorocarbon coolant for motor vehicles in containers with a total weight of less than 15 pounds.

(b) Handheld halon fire extinguishers for residential use.

(d) Electronic equipment cleaners, photographic equipment cleaners and disposable containers of chilling agents that contain chlorofluorocarbons and that are used for noncommercial or nonmedical purposes.

(e) Food containers or other food packaging that is made of polystyrene foam that contains chlorofluorocarbons.

(2)(a) One year after the Environmental Quality Commission determines that equipment for the recovery and recycling of chlorofluorocarbons used in automobile air conditioners is affordable and available, no person shall engage in the business of installing, servicing, repairing, disposing of or otherwise treating automobile air conditioners without recovering and recycling chlorofluorocarbons with approved recovery and recycling equipment.

(b) Until one year after the operative date of paragraph (a) of this subsection, the provisions of paragraph (a) of this subsection shall not apply to:

(A) Any automobile repair shop that has fewer than four employees; or

(B) Any automobile repair shop that has fewer than three covered bays.

(3) The Environmental Quality Commission shall establish by rule standards for approved equipment for use in recovering and recycling chlorofluorocarbons in automobile air conditioners. [Formerly 468.616]

468A.640 Department program to reduce use of and recycle compounds. Subject to available funding, the Department of Environmental Quality may establish a program to carry out the purposes of ORS 468A.625 to 468A.645, including enforcement of the provisions of ORS 468A.635. [Formerly 468.618]

468A.645 State Fire Marshal; program; halons; guidelines. The State Fire Marshal shall establish a program to minimize the unnecessary release of halons into the environment by providing guidelines for alternatives to full-scale dump testing procedures for industrial halon-based fire extinguishing systems. [Formerly 468.621]

AEROSOL SPRAY CONTROL

468A.650 Legislative findings. The Legislative Assembly finds that:

(1) Scientific studies have revealed that certain chlorofluorocarbon compounds used in aerosol sprays may be destroying the ozone layer in the earth’s stratosphere;

(2) The ozone layer is vital to life on earth, preventing approximately 99 percent of the sun’s mid-ultraviolet radiation from reaching the earth’s surface;

(3) Increased intensity of ultraviolet radiation poses a serious threat to life on earth including increased occurrences of skin cancer, damage to food crops, damage to phytoplankton which is vital to the production of oxygen and to the food chain, and unpredictable and irreversible global climatic changes;

(4) It has been estimated that production of ozone destroying chemicals is increasing at a rate of 10 percent per year, at which rate the ozone layer will be reduced 13 percent by the year 2014;

(5) It has been estimated that there has already been one-half to one percent depletion of the ozone layer;

(6) It has been estimated that an immediate halt to production of ozone destroying chemicals would still result in an approximate three and one-half percent reduction in ozone by 1990; and

(7) There is substantial evidence to believe that inhalation of aerosol sprays is a significant hazard to human health. [Formerly 468.600]

Note: 468A.650 and 468A.655 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

468A.655 Prohibition on sale or promotion; exemption for medical use. (1) Unless otherwise provided by law, after March 1, 1977, no person shall sell or offer to sell or give as a sales inducement in this state any aerosol spray which contains as a propellant trichloromonofluoromethane, difluorodichloromethane or any other saturated chlorofluorocarbon compound not containing hydrogen.

(2) Nothing in this section prohibits the sale of any aerosol spray containing any propellant described in subsection (1) of this section if such aerosol spray is intended to be used for a legitimate medical purpose in the treatment of asthma or any respiratory disorder; or such aerosol spray is intended to be used for a legitimate medical purpose and the State Board of Pharmacy determines by administrative rule that the use of the aerosol spray is essential to such intended use. [Formerly 468.605]

Note: See note under 468A.650.

468A.660 Wholesale transactions permitted. Nothing in ORS 468A.655 shall prevent wholesale transactions, including but not limited to the transportation, warehousing, sale, and delivery of any aerosol spray described in ORS 468A.655 (1). [Formerly 468.610]

ASBESTOS ABATEMENT PROJECTS

468A.700 Definitions for ORS 468A.700 to 468A.760. As used in ORS 468A.700 to 468A.760:

(1) “Accredited” means a provider of asbestos abatement training courses is authorized by the Department of Environmental Quality to offer training courses that satisfy department requirements for contractor licensing and worker training.

(2) “Agent” means an individual who works on an asbestos abatement project for a contractor but is not an employee of the contractor.

(3) “Asbestos” means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummungtonite-grunerite (amosite), anthophyllite, actinolite and tremolite.

(4) “Asbestos abatement project” means any demolition, renovation, repair, construction or maintenance activity of any public or private facility that involves the repair, enclosure, encapsulation, removal, salvage, handling or disposal of any material with the potential of releasing asbestos fibers from asbestos-containing material into the air.

(5) “Asbestos-containing material” means any material containing more than one percent asbestos by weight.

(6) “Contractor” means a person that undertakes for compensation an asbestos abatement project for another person. As used in this subsection, “compensation” means wages, salaries, commissions and any other form of remuneration paid to a person for personal services.

(7) “Facility” means all or part of any public or private building, structure, installation, equipment, vehicle or vessel, including but not limited to ships.

(8) “Friable asbestos material” means any asbestos-containing material that hand pressure can crumble, pulverize or reduce to powder when dry.

(9) “Person” means an individual, public or private corporation, nonprofit corporation, association, firm, partnership, joint venture, business trust, joint stock company, municipal corporation, political subdivision, the state and any agency of the state or any other entity, public or private, however organized.

(10) “Trained worker” means a person who has successfully completed specified training in and can demonstrate knowledge of the health and safety aspects of working with asbestos.

(11) “Worker” means an employee or agent of a contractor or facility owner or operator. [Formerly 468.875]

468A.705 Legislative findings. The Legislative Assembly finds and declares that:

(1) Asbestos-containing material in a friable condition, or when physically or chemically altered, can release asbestos fibers into the air. Asbestos fibers are respiratory hazards proven to cause lung cancer, mesothelioma and asbestosis and as such, are a danger to the public health.

(2) There is no known minimal level of exposure to asbestos fibers that guarantees the full protection of the public health.

(3) Asbestos-containing material found in or on facilities or used for other purposes within the state is a potential health hazard.

(4) The increasing number of asbestos abatement projects increases the exposure of contractors, workers and the public to the hazards of asbestos.

(5) If improperly performed, an asbestos abatement project creates unnecessary health and safety hazards that are detrimental to citizens and to the state in terms of health, family life, preservation of human resources, wage loss, insurance, medical expenses and disability compensation payments.

(6) It is in the public interest to reduce exposure to asbestos caused by improperly performed asbestos abatement projects through the upgrading of contractor and worker knowledge, skill and competence. [Formerly 468.877]

468A.707 Asbestos abatement program; rules; contractor licensing; worker certification. (1) The Environmental Quality Commission by rule shall:

(a) Establish an asbestos abatement program that assures the proper and safe abatement of asbestos hazards through contractor licensing and worker training.

(b) Establish the date after which a contractor must be licensed under ORS 468A.720 and a worker must hold a certificate under ORS 468A.730.

(c) Establish criteria and provisions for granting an extension of time for contractor licensing and worker certification, which may consider the number of workers and the availability of accredited training courses.

(2) The program established under subsection (1) of this section shall include at least:

(a) Criteria for contractor licensing and training;

(b) Criteria for worker certification and training;

(d) A procedure for inspecting asbestos abatement projects.

(3) In establishing the training requirements under subsections (1) and (2) of this section, the commission shall adopt different training requirements that reflect the different levels of responsibility of the contractor or worker, so that within the category of contractor, sublevels shall be separately licensed or exempted and within the category of worker, sublevels shall be separately certified or exempted. The commission shall specifically address as a separate class, those contractors and workers who perform small scale, short duration renovating and maintenance activity. As used in this subsection, “small scale, short duration renovating and maintenance activity” means a task for which the removal of asbestos is not the primary objective of the job, including but not limited to:

(a) Removal of asbestos-containing insulation on pipes;

(b) Removal of small quantities of asbestos-containing insulation on beams or above ceilings;

(d) Installation or removal of a small section of drywall; or

(e) Installation of electrical conduits through or proximate to asbestos-containing materials.

(4) The Department of Environmental Quality, on behalf of the commission, shall consult with the Department of Consumer and Business Services and the Oregon Health Authority about proposed rules for the asbestos abatement program to assure that the rules are compatible with all other state and federal statutes and regulations related to asbestos abatement.

(5) The Department of Environmental Quality shall cooperate with the Department of Consumer and Business Services and the Oregon Health Authority to promote proper and safe asbestos abatement work practices and compliance with the provisions of ORS 279B.055 (2)(g), 279B.060 (2)(g), 279C.365 (1)(j), 468.126, 468A.135 and 468A.700 to 468A.760. [1987 c.741 §4; 1993 c.18 §175; 2003 c.794 §293; 2009 c.595 §951]

468A.710 License required for asbestos abatement project. (1) Except as provided in ORS 468A.707 (1)(c) and (3), after the Environmental Quality Commission adopts rules under ORS 468A.707 and 468A.745, no contractor shall work on an asbestos abatement project unless the contractor holds a license issued by the Department of Environmental Quality under ORS 468A.720.

(2) A contractor carrying out an asbestos abatement project shall be responsible for the safe and proper handling and delivery of waste that includes asbestos-containing material to a landfill authorized to receive such waste. [Formerly 468.879]

468A.715 Licensed contractor required; exception. (1) Except as provided in subsection (2) of this section, an owner or operator of a facility containing asbestos shall require only licensed contractors to perform asbestos abatement projects.

(2) A facility owner or operator whose own employees maintain, repair, renovate or demolish the facility may allow the employees to work on asbestos abatement projects only if the employees comply with the training and certification requirements established under ORS 468A.730. [Formerly 468.881]

468A.720 Qualifications for license; application. (1) As used in this section, “related person” means:

(a) A contractor’s current corporate officers, managers, members of the board of directors, general partners or other persons who exercise substantial control on behalf of or over a contractor;

(b) Parent corporations, or similar business entities, that exercise substantial control over the contractor; or

(2) The Department of Environmental Quality shall issue an asbestos abatement license to a contractor who:

(a) Successfully completes an accredited training course for contractors.

(b) Requires each employee or agent of the contractor who works on or is directly responsible for an asbestos abatement project to be certified under ORS 468A.730.

(c) Certifies that the contractor has read and understands the applicable state and federal rules and regulations on asbestos abatement and agrees to comply with the rules and regulations.

(3) Notwithstanding subsection (2) of this section, the department may refuse to issue a license to a contractor if the department finds that the contractor or a related person violated any of the provisions of ORS 468A.700 to 468A.755 or rules adopted under ORS 468A.700 to 468A.755.

(4) A contractor shall apply for a license or renewal of a license according to the procedures established by rule by the Environmental Quality Commission. [Formerly 468.883; 2021 c.307 §3]

468A.725 Grounds for license suspension or revocation. (1) As used in this section, “related person” has the meaning given that term in ORS 468A.720.

(2) The Department of Environmental Quality may suspend or revoke an asbestos abatement license issued to a contractor under ORS 468A.720 if the licensee:

(a) Fraudulently obtains or attempts to obtain a license.

(b) Fails at any time to satisfy the qualifications for a license or to comply with rules adopted by the Environmental Quality Commission under ORS 468A.700 to 468A.760.

(d) Permits an untrained worker to work on an asbestos abatement project.

(e) Employs a worker who fails to comply with applicable state or federal rules or regulations relating to asbestos abatement.

(3) In addition to any penalty provided by ORS 468.140, the department may:

(a) Suspend or revoke the certification of any person who violates the conditions of ORS 468A.700 to 468A.755 or rules adopted under ORS 468A.700 to 468A.755; or

(b) Suspend or revoke the asbestos abatement license issued to any contractor if the contractor or a related person violates the provisions of ORS 468A.700 to 468A.755 or rules adopted under ORS 468A.700 to 468A.755. [Formerly 468.885; 2021 c.307 §4]

468A.730 Worker certificate required; qualifications; renewal application; suspension or revocation. (1) Except as provided in ORS 468A.707 (1)(c) and (3), after the Environmental Quality Commission adopts rules under ORS 468A.745, no worker shall work on an asbestos abatement project unless the person holds a certificate issued by the Department of Environmental Quality or the department’s authorized representative under subsection (2) of this section.

(2) The department or an authorized representative of the department shall issue an asbestos abatement certificate to a worker who successfully completes an accredited asbestos abatement training course approved by the department.

(3) If the commission determines there is a need for a category of workers to update the workers’ training in order to meet new or changed conditions, the commission may require the worker, as a condition of certificate renewal, to successfully complete an accredited asbestos abatement review course.

(4) A worker or the facility owner or operator shall submit an application for an asbestos abatement certificate and renewal of a certificate according to procedures established by rule by the Environmental Quality Commission.

(5) The department may suspend or revoke a certificate if a worker fails to comply with applicable health and safety rules or standards. [Formerly 468.887]

468A.735 Alternatives to protection requirements; approval. Subject to the direction of the Environmental Quality Commission, the Director of the Department of Environmental Quality may approve, on a case-by-case basis, an alternative to a specific worker and public health protection requirement for an asbestos abatement project if the contractor or facility owner or operator submits a written description of the alternative procedure and demonstrates to the director’s satisfaction that the proposed alternative procedure provides worker and public health protection equivalent to the protection that would be provided by the waived provisions. [Formerly 468.889]

468A.740 Accreditation requirements; rules. (1) The Environmental Quality Commission by rule shall provide for accreditation of courses that satisfy training requirements contractors must comply with to qualify for an asbestos abatement license under ORS 468A.720 and courses that workers must successfully complete to become certified under ORS 468A.730.

(2) The accreditation requirements established by the commission under subsection (1) of this section shall reflect the level of training that a course provider must offer to satisfy the licensing requirements under ORS 468A.720 and the certification requirements under ORS 468A.730.

(3) In order to be accredited under subsection (1) of this section, a training course shall include at a minimum material relating to:

(a) The characteristics and uses of asbestos and the associated health hazards;

(b) Local, state and federal standards relating to asbestos abatement work practices;

(d) Air monitoring;

(e) Safe and proper asbestos abatement techniques; and

(f) Proper disposal of waste containing asbestos.

(4) In addition to the requirements under subsection (3) of this section, the person providing a training course for which accreditation is sought shall demonstrate to the satisfaction of the Department of Environmental Quality the ability and proficiency to conduct the training.

(5) Any person providing accredited asbestos abatement training shall make available to the department for audit purposes, at no cost to the department, all course materials, records and access to training sessions.

(6) Applications for accreditation and renewals of accreditation shall be submitted according to procedures established by rule by the commission.

(7) The department may suspend or revoke training course accreditation if the provider fails to meet and maintain any standard established by the commission.

(8) The commission by rule shall establish provisions to allow a worker or contractor trained in another state to use training in other states to satisfy Oregon licensing and certification requirements, if the commission finds that the training received in the other state would meet the requirements of this section. [Formerly 468.891]

468A.745 Rules; variances; training; standards; procedures. The Environmental Quality Commission shall adopt rules to carry out its duties under ORS 279B.055 (2)(g), 279B.060 (2)(g), 279C.365 (1)(j), 468A.135 and 468A.700 to 468A.760. In addition, the commission may:

(1) Allow variances from the provisions of ORS 468A.700 to 468A.755 in the same manner variances are granted under ORS 468A.075.

(2) Establish training requirements for contractors applying for an asbestos abatement license.

(3) Establish training requirements for workers applying for a certificate to work on asbestos abatement projects.

(4) Establish standards and procedures to accredit asbestos abatement training courses for contractors and workers.

(5) Establish standards and procedures for licensing contractors and certifying workers.

(6) Issue, renew, suspend and revoke licenses, certificates and accreditations.

(7) Determine those classes of asbestos abatement projects for which the person undertaking the project must notify the Department of Environmental Quality before beginning the project.

(8) Establish work practice standards, compatible with standards of the Department of Consumer and Business Services, for the abatement of asbestos hazards and the handling and disposal of waste materials containing asbestos.

(9) Provide for asbestos abatement training courses that satisfy the requirements for contractor licensing under ORS 468A.720 or worker certification under ORS 468A.730. [Formerly 468.893; 1993 c.744 §229; 2003 c.794 §294]

468A.750 Fee schedule; waiver; disposition; rules. (1) By rule and after hearing, the Environmental Quality Commission shall establish a schedule of fees for:

(a) Licenses issued under ORS 468A.720;

(b) Worker certification under ORS 468A.730;

(d) Notices of intent to perform an asbestos abatement project under ORS 468A.745 (7).

(2) The fees established under subsection (1) of this section shall be based upon the costs of the Department of Environmental Quality in carrying out the asbestos abatement program established under ORS 468A.707.

(3) In adopting the schedule of fees under this section the commission shall include provisions and procedures for granting a waiver of a fee.

(4) Not more than once each calendar year, the commission may increase the fees established under this section. The amount of the annual increase may not exceed the anticipated increase in the cost of carrying out the asbestos abatement program or three percent, whichever is lower, unless a larger increase is provided for in the department’s legislatively approved budget.

(5) The fees collected under this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the Department of Environmental Quality. Such moneys are continuously appropriated to the Department of Environmental Quality to pay the department’s expenses in administering and enforcing the asbestos abatement program. [Formerly 468.895; 2023 c.260 §8]

468A.755 Exemptions. (1) Except as provided in subsection (2) of this section, ORS 468A.700 to 468A.750 do not apply to an asbestos abatement project in a private residence if:

(a) The residence is occupied by the owner; and

(b) The owner occupant is performing the asbestos abatement work.

(2) Any person exempt from ORS 468A.700 to 468A.750 under subsection (1) of this section shall handle and dispose of asbestos-containing material in compliance with standards established by the Environmental Quality Commission under ORS 468A.745. [Formerly 468.897]

468A.757 Residential asbestos surveys; rules. (1) The Environmental Quality Commission shall adopt rules prohibiting the demolition of a residence or residential building unless an asbestos survey has been conducted by an inspector accredited in accordance with rules adopted by the commission for the purpose of determining whether asbestos-containing materials are present at the residence or residential building and for other purposes as determined by the commission.

(2) The commission may, by rule:

(a) Establish the procedures for conducting the survey described in subsection (1) of this section; and

(b) Establish exemptions to the prohibition described in subsection (1) of this section.

(3) This section does not apply to a residence or residential building constructed on or after a date identified by the commission by rule. [2015 c.583 §2]

468A.760 Content of bid advertisement. Any public agency requesting bids or proposals for a proposed project shall first make a determination of whether or not the project requires a contractor licensed under ORS 468A.720. The public agency shall include such requirement in the bid or proposal advertisement under ORS 279B.055 (2)(g), 279B.060 (2)(g) and 279C.365 (1)(j). [Formerly 468.899; 2003 c.794 §295]

INDOOR AIR POLLUTION CONTROL

468A.775 Indoor air quality sampling; accreditation and certification programs. (1) The Environmental Quality Commission shall establish a voluntary accreditation program for those providing indoor air quality sampling services or ventilation system evaluations for public areas, office workplaces or private residences. Provisions shall be made to accept accreditation of other state programs if they are comparable with the accreditation program established under this section.

(2) The Environmental Quality Commission shall establish a voluntary contractor certification program for contractors providing remedial action for residential indoor air pollution. Provisions shall be made to accept accreditation of other state programs if they are comparable with the accreditation program established under this section. [Formerly 468.357]

Note: 468A.775 to 468A.785 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

468A.780 Schedule of fees; accreditation and certification programs; rules. The Environmental Quality Commission shall establish by rule a schedule of annual fees, not to exceed $500 per participating contractor, to pay the Department of Environmental Quality’s costs in operating the:

(1) Voluntary accreditation program under ORS 468A.775 (1); and

(2) Voluntary contractor certification program under ORS 468A.775 (2). [Formerly 468.358]

Note: See note under 468A.775.

468A.785 Pilot programs. (1) Upon the advice of the Indoor Air Pollution Task Force, the Environmental Quality Commission may establish a pilot program for any product designed for household or office use that is not adequately regulated by federal law that may be a threat to human health by contaminating indoor air.

(2) The Environmental Quality Commission may establish a voluntary product-labeling pilot program to identify products with a low potential for causing indoor air pollution. [Formerly 468.359]

Note: See note under 468A.775.

AGRICULTURAL OPERATIONS AND EQUIPMENT

468A.790 Memorandum of understanding with State Department of Agriculture; rules. (1) The Environmental Quality Commission and the State Department of Agriculture shall enter into a memorandum of understanding that addresses the administration and enforcement of air quality laws contained in this chapter that apply to agricultural operations and equipment. The terms of the memorandum of understanding must be consistent with the obligations of this state under the federal Clean Air Act (P.L. 88-206 as amended) and the purposes described in ORS 468A.305. Subject to the terms of the memorandum of understanding and to oversight by the Department of Environmental Quality, the State Department of Agriculture may perform any function of the Department of Environmental Quality under this chapter that relates to air quality, including but not limited to the issuance of permits, establishment of fees, entry and inspection of premises and the assessment of civil penalties.

(2) The Environmental Quality Commission and the State Department of Agriculture shall consider the following when entering into a memorandum of understanding under subsection (1) of this section:

(a) Cooperation with private and public entities associated with agriculture in program research, development and implementation.

(b) Program flexibility.

(c) The use of voluntary measures, including education, demonstration projects and incentives, if practicable and reasonably expected to be effective in helping to carry out regulatory requirements.

(d) The diverse nature of agricultural operations and the importance of, and public interest in, the agricultural production of food, fiber and other products.

(e) The desirability of having the State Department of Agriculture serve as the lead agency responsible for the administration of programs relating to agriculture.

(f) The importance of, and public interest in, the protection of human health and the environment, including the protection of natural resources in special areas of the state designated for their outstanding scenery and historical and cultural importance.

(3) In adopting rules subject to the memorandum of understanding required by subsection (1) of this section, the Environmental Quality Commission and the State Department of Agriculture shall consult with each other. [2007 c.799 §2]

DIESEL ENGINES

468A.793 Goal to reduce excess lifetime risk of cancer due to exposure to diesel engine emissions. The Environmental Quality Commission shall establish a goal to reduce excess lifetime risk of cancer due to exposure to diesel engine emissions to no more than one case per million individuals by 2017. In setting the goal, the commission shall include a target to substantially reduce the risk to school children from diesel engine emissions produced by Oregon school buses by the end of 2013. The Department of Environmental Quality is directed to track and report to the Legislative Assembly on the progress in meeting this goal. [2007 c.855 §2]

468A.795 Definitions. As used in ORS 468A.795 to 468A.807:

(1) “Alternative fuel” means biofuels, biogas, natural gas, liquefied petroleum gas, hydrogen and electricity.

(2) “Best available exhaust control technology” means the most effective exhaust controls to reduce diesel particulate that rely on passively regenerated diesel particulate control technology supported in a vehicle’s normal duty cycle.

(3) “Cost-effectiveness threshold” means the cost, in dollars, per ton of diesel particulate matter reduced, as established by rule of the Environmental Quality Commission.

(4) “Diesel engine” means a compression ignition engine.

(5) “Environmental Mitigation Trust Agreement” means the fully executed Environmental Mitigation Trust Agreement for State Beneficiaries effective October 2, 2017, and issued pursuant to Paragraph 17 of the Volkswagen “Clean Diesel” Marketing, Sales Practices and Products Liability Litigation partial consent decree dated October 25, 2016.

(6) “Equivalent equipment” means a piece of equipment that performs the same function and has the equivalent horsepower to a piece of equipment subject to a replacement.

(7) “Equivalent motor vehicle” means a motor vehicle that performs the same function and is in the same weight class as a motor vehicle subject to a replacement.

(8) “Gross vehicle weight rating” means the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle.

(9) “Heavy-duty truck” means a motor vehicle or combination of vehicles operated as a unit that has a gross vehicle weight rating that is greater than 26,000 pounds.

(10) “Incremental cost” means the cost of a qualifying repower or retrofit less a baseline cost that would otherwise be incurred in the normal course of business.

(11) “Medium-duty truck” means a motor vehicle or combination of vehicles operated as a unit that has a gross vehicle weight rating that is greater than 14,000 pounds but less than or equal to 26,000 pounds.

(12) “Motor vehicle” has the meaning given that term in ORS 825.005.

(13) “Nonroad diesel engine” means a diesel engine of 25 horsepower or more that is not designed primarily to propel a motor vehicle on public highways.

(14) “Oregon diesel truck engine” means a diesel engine in a truck at least 50 percent of the use of which, as measured by miles driven or hours operated, has occurred in Oregon for the two years preceding the scrapping of the engine.

(15) “Public highway” has the meaning given that term in ORS 825.005.

(16)(a) “Replacement” means:

(A) To scrap a motor vehicle powered by a diesel engine and replace the motor vehicle with an equivalent motor vehicle; or

(B) To scrap a piece of equipment powered by a nonroad diesel engine and replace the equipment with equivalent equipment.

(b) “Replacement” does not mean ordinary maintenance, repair or replacement of a diesel engine.

(17) “Repower” means to scrap an old diesel engine and substitute it with a new engine, a used engine or a remanufactured engine, or with electric motors, drives or fuel cells, with a minimum useful life of seven years.

(18) “Retrofit” means to equip a diesel engine with new emissions-reducing parts or technology after the manufacture of the original engine or to convert the diesel engine into an engine capable of being powered by alternative fuel. A retrofit must use the greatest degree of emissions reduction available for the particular application of the equipment retrofitted that meets the cost-effectiveness threshold.

(19) “Scrap” means to destroy, render inoperable and recycle.

(20) “Truck” means a motor vehicle or combination of vehicles operated as a unit that has a gross vehicle weight rating that is greater than 14,000 pounds. [2007 c.855 §6; 2007 c.855 §6a; 2017 c.742 §§1,2; 2019 c.645 §1]

468A.796 School buses; repowering or retrofitting of engines; replacement. (1) All school buses powered by diesel engines operated in Oregon must, by January 1, 2025, be:

(a) Repowered with an engine meeting 2007 fine particulate matter federal exhaust emission standards for diesel heavy-duty engines as set forth in 40 C.F.R. 86.007-11;

(b) Retrofitted:

(A) If retrofitted prior to August 15, 2017, with best available exhaust control technology; or

(B) If retrofitted on or after August 15, 2017, with exhaust controls meeting 2007 fine particulate matter federal exhaust emission standards for diesel heavy-duty engines as set forth in 40 C.F.R. 86.007-11; or

(2) A school bus replaced under subsection (1)(c) of this section may not be used for transportation of any type. [2009 c.631 §2; 2017 c.742 §12]

468A.797 Standards for certified cost of qualifying replacement, repower or retrofit; rules. (1) The Environmental Quality Commission by rule shall establish standards related to the certified cost necessary to perform a qualifying replacement, repower or retrofit.

(2) For the purposes of subsection (1) of this section, certified cost:

(a) May not exceed the incremental cost of labor and hardware that the Department of Environmental Quality finds necessary to perform a qualifying repower or retrofit;

(b) Does not include the cost of any portion of a replacement, repower or retrofit undertaken to comply with any applicable local, state or federal pollution or emissions law or for ordinary maintenance, repair or replacement of a diesel engine; and

468A.799 Standards for qualifying replacements, repowers and retrofits; rules. (1) The Environmental Quality Commission by rule shall establish standards for qualifying replacements, repowers and retrofits.

(2) The standards adopted by the commission under this section must require, at a minimum:

(a) For the qualifying replacement of a motor vehicle powered by a diesel engine, that:

(A) The motor vehicle to be scrapped has at least three years of remaining useful life; and

(B) The engine model year of the equivalent motor vehicle is 2010 or newer.

(b) For the qualifying replacement of a piece of equipment powered by a nonroad diesel engine, that:

(A) The nonroad piece of equipment to be scrapped has at least three years of remaining useful life; and

(B) The equivalent equipment is powered by:

(i) A nonroad diesel engine, whether or not capable of being powered by alternative fuel, that meets or exceeds United States Environmental Protection Agency Tier 4 exhaust emission standards for nonroad compression ignition engines;

(ii) A nonroad engine capable of being powered by alternative fuel that meets or exceeds United States Environmental Protection Agency Tier 2 exhaust emission standards for nonroad spark ignition engines; or

(iii) A nonroad engine powered by electricity.

(A) A nonroad diesel engine, whether or not capable of being powered by alternative fuel, that is at least one tier higher than the engine to be scrapped, based on the United States Environmental Protection Agency tier standards for nonroad compression ignition engines;

(B) A nonroad engine capable of being powered by alternative fuel that meets or exceeds United States Environmental Protection Agency Tier 2 exhaust emission standards for nonroad spark ignition engines; or

(d) For the qualifying retrofit of a diesel engine, a resulting reduction of diesel particulate matter emissions by at least 85 percent when compared with the baseline emissions for the relevant engine year and application.

(e) That a list of technologies approved as qualifying repowers or retrofits that have been verified by the United States Environmental Protection Agency or the California Air Resources Board is included in the standards.

(3) The commission by rule shall establish standards for the methods of recycling used for scrapping a motor vehicle, a piece of equipment powered by a nonroad diesel engine or a nonroad diesel engine after a qualifying replacement or repower.

(4) A qualifying replacement, repower or retrofit may not include the replacement, repower or retrofit of a motor vehicle, piece of equipment or engine for which a grant or loan under ORS 468A.803 has previously been awarded or allowed, unless the replacement, repower or retrofit will reduce emissions further than the replacement, repower or retrofit funded by the previous grant or loan. [2007 c.855 §8; 2007 c.855 §8a; 2017 c.742 §§5,6]

468A.801 Clean Diesel Engine Fund; interest. (1) The Clean Diesel Engine Fund is established in the State Treasury separate and distinct from the General Fund. Interest earned by the Clean Diesel Engine Fund shall be credited to the fund. The moneys in the fund are continuously appropriated to the Department of Environmental Quality to be used for the purposes described in ORS 468A.803.

(2) The Clean Diesel Engine Fund consists of:

(a) Funds appropriated by the Legislative Assembly;

(b) Grants provided by the federal government pursuant to the federal Clean Air Act, 42 U.S.C. 7401 et seq., or other federal laws;

(d) Any other moneys received by the state for the purpose of providing financial and technical assistance to owners or operators of diesel engines for the purpose of reducing emissions from diesel engines; and

(e) Any moneys deposited in the fund from any other public or private source. [2007 c.855 §9; 2017 c.742 §7]

468A.803 Uses of Clean Diesel Engine Fund; rules. (1) The Department of Environmental Quality shall use the moneys in the Clean Diesel Engine Fund to award:

(a) Grants and loans to the owners and operators of motor vehicles powered by diesel engines, and equipment powered by nonroad diesel engines, for up to 25 percent of the certified costs of qualifying replacements as described in ORS 468A.797 and 468A.799;

(b) Grants and loans to the owners and operators of diesel engines for up to 100 percent of the certified costs of qualifying retrofits as described in ORS 468A.797 and 468A.799;

(c) Grants and loans to the owners and operators of nonroad diesel engines for up to 25 percent of the certified costs of qualifying repowers as described in ORS 468A.797 and 468A.799; and

(d) Grants to the owners of Oregon diesel truck engines to scrap those engines.

(2) The Environmental Quality Commission by rule may set grant or loan award rates at a percentage that is greater than a percentage allowed under subsection (1) of this section, provided that the grant or loan assistance will not exceed the cost-effectiveness threshold, if the higher percentage award rate would:

(a) Benefit sensitive populations or areas with elevated concentrations of diesel particulate matter; or

(b) Otherwise increase participation by those categories of owners or operators.

(3) In determining the amount of a grant or loan under this section, the department must reduce the incremental cost of a qualifying replacement, repower or retrofit by the value of any existing financial incentive that directly reduces the cost of the qualifying replacement, repower or retrofit, including tax credits, other grants or loans, or any other public financial assistance.

(4) The department may certify third parties to perform qualifying replacements, repowers and retrofits and may contract with third parties to perform such services for the certified costs of qualifying replacements, repowers and retrofits. The department may also contract with institutions of higher education or other public bodies as defined by ORS 174.109 to train and certify third parties to perform qualifying replacements, repowers and retrofits.

(5) The department may not award a grant or loan for a replacement, repower or retrofit under subsection (1) of this section unless the grant or loan applicant demonstrates to the department’s satisfaction that the resulting equivalent motor vehicle, equivalent equipment, repowered nonroad diesel engine or retrofitted diesel engine will undergo at least 50 percent of its use in Oregon, as measured by miles driven or hours operated, for the three years following the replacement, repower or retrofit.

(6) The department may not award a grant to scrap an Oregon diesel truck engine under subsection (1)(d) of this section unless the engine was manufactured prior to 1994 and the engine is in operating condition at the time of the grant application or, if repairs are needed, the owner demonstrates to the department’s satisfaction that the engine can be repaired to an operating condition for less than its commercial scrap value. The commission shall adopt rules for a maximum grant awarded under subsection (1)(d) of this section for an engine in a heavy-duty truck and for an engine in a medium-duty truck. A grant awarded under subsection (1)(d) of this section may not be combined with any other tax credits, grants or loans, or any other public financial assistance, to scrap an Oregon diesel truck engine.

(7) Subject to and consistent with federal law, any moneys received from the federal government that are deposited in the Clean Diesel Engine Fund under ORS 468A.801 (2)(b) must be used for initiatives to reduce emissions from diesel engines. Subsections (1) to (6) of this section and ORS 468A.797 and 468A.799 do not apply to use of moneys in the fund received from the federal government.

(8) Any moneys received by the State of Oregon pursuant to a voluntary written agreement or a settlement approved in an administrative or judicial proceeding that are deposited in the Clean Diesel Engine Fund must be used by the department for activities consistent with the terms and conditions of the agreement or settlement. Subsections (1) to (6) of this section and ORS 468A.797 and 468A.799 do not apply to the use of moneys in the fund received pursuant to this subsection.

(9) Except as provided in subsection (8) of this section, the department may use the moneys in the Clean Diesel Engine Fund to pay expenses of the department in administering the program described in ORS 468A.795 to 468A.807. [2007 c.855 §10; 2013 c.44 §1; 2017 c.742 §8; 2019 c.645 §21]

468A.805 Environmental Mitigation Trust Agreement moneys; uses; rules. (1) Subject to and consistent with ORS 468A.803 (8) and with the terms of the Environmental Mitigation Trust Agreement, any moneys received by the State of Oregon pursuant to the agreement that are deposited in the Clean Diesel Engine Fund under ORS 468A.801 must be expended by the Department of Environmental Quality as follows:

(a) The department shall award grants to owners and operators of school buses to reduce emissions from at least 450 school buses powered by diesel engines operating in this state.

(b) Moneys not expended under paragraph (a) of this subsection must be:

(A) Awarded as grants for the purpose of reducing emissions from diesel engines; or

(B) Utilized by the department as the State of Oregon’s voluntary matching funds under the Diesel Emissions Reduction Act Program in the Energy Policy Act of 2005, 42 U.S.C. 16133, and for the purpose of awarding grants for reducing diesel particulate matter emissions from diesel engines.

(2)(a) In awarding grants under subsection (1)(a) of this section, the department shall begin by awarding grants to owners and operators of school buses powered by diesel engines that are of the median model year of school buses powered by diesel engines operating in this state, and shall proceed to award grants for school buses powered by diesel engines through the adjoining model years until the requirements of subsection (1)(a) of this section are met. A grant may be awarded under subsection (1)(a) of this section for any school bus powered by a diesel engine within the control of an owner or operator that meets the following conditions:

(A) The school bus has at least three years of remaining useful life;

(B) Use of the school bus has occurred in Oregon during the year preceding the date of the grant; and

(C) For the three years following receipt of a grant award, use of the school bus to which the owner or operator applies the grant will occur in Oregon.

(b) The grant amount per school bus awarded under subsection (1)(a) of this section shall be for:

(A) $50,000 or 30 percent of the cost to purchase a school bus that meets minimum standards adopted by the State Board of Education under ORS 820.100 for the applicable class or type of school bus, whichever is less; or

(B) Up to 100 percent of the cost to retrofit a school bus with emissions-reducing parts or technology that results in a reduction of diesel particulate matter emissions by at least 85 percent when compared with the baseline emissions for the relevant engine year and application.

(3) In awarding grants pursuant to subsection (1)(b) of this section, the department shall give preference to projects that will:

(a) Support compliance with ORS 803.591 or with contract specifications or preferences related to emissions standards for diesel engines established by a public body, as defined in ORS 174.109;

(b) Be carried out by a grant applicant that is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business, as those terms are defined in ORS 200.005;

(c) Involve the replacement, repower or retrofit of one or more motor vehicles or pieces of equipment that have at least three years of remaining useful life at the time that the grant agreement is executed;

(d) Support the utilization of fuels for which regulated parties may generate credits under the clean fuels program adopted by rule by the Environmental Quality Commission under ORS 468A.266 (1)(b);

(e) Benefit owners and operators of heavy-duty trucks, if the fleet of the owner or operator includes only one heavy-duty truck and the heavy-duty truck is registered in Multnomah, Clackamas or Washington County;

(f) Benefit small fleets other than as described in paragraph (e) of this subsection;

(g) Involve the retrofit of concrete mixer trucks or trucks that are used for the transportation of aggregate; or

(h) Meet the criteria of any other preferences that the commission may establish by rule, if the department determines that the additional preferences are necessary to ensure that grant awards result in the reduction of emissions from diesel engines.

(4) The commission may adopt rules as necessary to implement the provisions of this section. [2017 c.742 §10; 2019 c.645 §2; 2023 c.497 §23]

468A.807 Rules; compliance with applicable requirements. (1) The Environmental Quality Commission shall adopt rules necessary to implement ORS 468A.795 to 468A.807.

(2) Rules adopted under this section must include, but need not be limited to, rules that establish preferences for awarding grants and loans under ORS 468A.803 (1) based upon:

(a) A percentage of diesel engine use in Oregon;

(b) Whether a grant or loan applicant will provide matching funds;

(c) Whether scrapping, replacement, repowering or retrofitting an engine will benefit sensitive populations or areas with elevated concentrations of diesel particulate matter; or

(d) Other criteria as the commission may establish.

(3) Rules adopted by the commission under this section must reserve a portion of the financial assistance available each year for applicants that own or operate a small number of diesel engines or Oregon diesel truck engines and must provide for simplified access to financial assistance for those applicants.

(4) The Department of Environmental Quality may perform activities necessary to ensure that recipients of grants and loans from the Clean Diesel Engine Fund comply with applicable requirements. If the department determines that a recipient has not complied with applicable requirements, the department may order the recipient to refund all grant or loan moneys and may impose penalties pursuant to ORS 468.140. [2017 c.742 §11]

468A.810 Certification of approved retrofit technologies; rules. (1) The Environmental Quality Commission shall adopt by rule criteria for certification of approved retrofit technologies for the retrofit of a diesel engine that powers a medium-duty truck or a heavy-duty truck. In determining the criteria and approved retrofit technologies, the commission shall consider:

(a) Regulations adopted by the State of California for reducing diesel engine emissions from in-use medium-duty trucks and heavy-duty trucks; and

(b) The list of technologies approved as qualifying retrofits included in the standards established by the commission under ORS 468A.799.

(2) The commission shall prescribe by rule the manner for issuing certification that a diesel engine has been retrofitted with approved retrofit technology in compliance with the criteria adopted by rule under subsection (1) of this section.

(3) When proof of certification that a diesel engine has been retrofitted with approved retrofit technology is required under ORS 803.591, the proof may be provided by any means that the Department of Transportation and the commission determine by joint rulemaking or by interagency agreement to be satisfactory. Proof of certification may include, but need not be limited to, a certificate of compliance. [2019 c.645 §7]

468A.813 Voluntary emission control label program; rules; fees. (1) The Environmental Quality Commission shall adopt by rule a program allowing for an owner or operator of a piece of construction equipment powered by a nonroad diesel engine and operated in Oregon to voluntarily demonstrate to the Department of Environmental Quality the emissions profile of the nonroad diesel engine powering the equipment, and to receive and display an emission control label on the piece of construction equipment.

(2) The department may contract with an independent third-party to implement the program described in subsection (1) of this section.

(3) The commission may establish by rule a schedule of fees for participation in the program developed under this section. The fees established under this section shall be based upon the costs of the department in carrying out the program.

(4) The fees collected under subsection (3) of this section shall be deposited into the State Treasury to the credit of an account of the department and are continuously appropriated to the department for payment of the costs of the department in carrying out the provisions of this section. [2019 c.645 §15]

EMISSION REDUCTION CREDIT BANKS

468A.820 Community emission reduction credit banks; establishment; rules; credits. (1) The Department of Environmental Quality shall establish a community emission reduction credit bank upon written request to the department by the appropriate board or boards of county commissioners.

(2) The community emission reduction credit bank shall be governed by rules adopted by the Environmental Quality Commission. The validity of emission reduction credits shall be determined by rule. The rules shall include, but need not be limited to, the following:

(a) Valid emission reduction credits created or banked within two years from the time of actual emission reduction may be transferred to the community bank for up to 10 years. The 10-year period shall begin at the time of actual emission reduction.

(b) The department shall transfer valid emission reduction credits to the community bank upon written application from the holder of the credits.

(c) The department may not discount credits banked under this section during any 10-year period unless the commission finds it necessary to discount the credits to attain or maintain air quality standards.

(3) The community emission reduction credit bank shall be administered by the appropriate board or boards of county commissioners, in coordination with the department. [2001 c.468 §1]

Note: 468A.820 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

WILDFIRE SMOKE

468A.830 Program for environmental and public health impacts of wildfire smoke. The Department of Environmental Quality shall develop and implement a program for supporting local communities, in detecting, preparing for, communicating or mitigating the environmental and public health impacts of wildfire smoke. [2021 c.592 §13]

Note: 468A.830 to 468A.836 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

468A.833 Grants, contracts and agreements for community responses to wildfire smoke. The Department of Environmental Quality shall establish a program for supporting local communities through intergovernmental agreements, grants, contracts or cooperative agreements to develop and implement community response plans to enhance the communities’ readiness and mitigation capacity for smoke. [2021 c.592 §13a]

Note: See note under 468A.830.

468A.836 Program to support community monitoring of air quality conditions caused by wildfire smoke. (1) The Department of Environmental Quality shall establish and implement a program to support communities across this state in monitoring, interpreting and communicating data related to ambient air quality conditions caused by wildfire smoke.

(2) As part of the program, the department shall:

(a) Conduct community outreach in areas of this state that are prone to poor air quality attributable to elevated levels of particulate matter.

(b) Deploy air quality monitoring equipment in a manner sufficient to evaluate an increased prevalence of poor air quality attributable to elevated levels of particulate matter.

(c) Monitor meteorological conditions in a manner sufficient to forecast occurrences of poor air quality. [2021 c.592 §13b]

Note: See note under 468A.830.

MUNICIPAL SOLID WASTE INCINERATORS

468A.875 Plan for continuous monitoring or sampling of emissions. (1) As used in this section:

(a) “Continuous automated sampling system” means the total equipment and procedures for automated sample collection, sample recovery and analysis to determine an air contaminant concentration or emission rate by collecting a single sample or multiple integrated samples of the air contaminant for subsequent on- or off-site analysis.

(b) “Continuous emissions monitoring system” means a monitoring system for continuously measuring the emissions of an air contaminant from an incinerator.

(d) “Municipal solid waste incinerator” means any facility operated before, on or after September 24, 2023, for the purpose of combusting municipal solid waste, regardless of whether the facility is later reclassified as another type of waste combustion facility.

(2)(a) The owner or operator of a municipal solid waste incinerator shall develop a plan to continuously monitor or sample emissions of:

(A) Carbon monoxide;

(B) Sulfur dioxide;

(D) Opacity;

(E) PCB;

(F) Dioxin/furan;

(G) Cadmium;

(H) Lead;

(I) Mercury;

(J) Arsenic;

(K) Total chromium;

(L) Manganese;

(M) Nickel;

(N) Selenium; and

(O) Zinc.

(b) Where technologically feasible, the plan must provide for the use of a continuous emissions monitoring system to monitor the air contaminants described in paragraph (a) of this subsection.

(c) If it is not technologically feasible to use a continuous emissions monitoring system to monitor an air contaminant described in paragraph (a) of this subsection, the plan must provide for the use of a continuous automated sampling system to continuously sample that air contaminant.

(3) The plan must describe how the owner or operator will:

(a) Conduct continuous monitoring or sampling required by this section for a period of 12 consecutive months; and

(b) Make emissions data available to the Department of Environmental Quality and the public.

(4)(a) The owner or operator of a municipal solid waste facility must submit the plan required by this section to the department no later than three months after September 24, 2023. Before approving the plan, the department may make such modifications to the plan as necessary to ensure the quality and accuracy of sampling or monitoring data.

(b) The owner or operator of a municipal solid waste incinerator must implement a plan approved by the department no later than three months after the date of approval.

(5) Notwithstanding subsection (4) of this section, the department may at the department’s discretion, for good cause shown, extend the three-month deadlines for submitting or implementing the plan required by this section. [2023 c.612 §2]

468A.880 Restriction on combustion of hospital, medical or infectious waste. (1) As used in this section:

(a) “Hospital, medical or infectious waste” means hospital waste or medical/infectious waste, as those terms are defined in 40 C.F.R. 60.51c, as in effect on September 24, 2023.

(b) “Municipal solid waste incinerator” means any facility operated before, on or after September 24, 2023, for the purpose of combusting municipal solid waste, regardless of whether the facility is later reclassified as another type of waste combustion facility.

(2) A municipal solid waste incinerator may not combust more than 18,000 tons of hospital, medical or infectious waste during a single calendar year. [2023 c.612 §3]

Note: Sections 4 and 5, chapter 612, Oregon Laws 2023, provide:

Sec. 4. Modification of federal operating permit for municipal solid waste incinerator. The Department of Environmental Quality shall take all reasonable steps to ensure that any permit issued under the federal operating permit program established under ORS 468A.310 is modified to be consistent with section 3 of this 2023 Act [468A.880] within 12 months of the effective date of this 2023 Act [September 24, 2023]. [2023 c.612 §4]

Sec. 5. Reports. (1) No later than September 15, 2024, the Department of Environmental Quality shall submit a report on the progress made in implementing section 2 of this 2023 Act [468A.875], including data received by the department, in the manner provided in ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to the environment.

(2) No later than three months after the completion of the 12-month period required by section 2 of this 2023 Act, the department shall submit a report on the results of the continuous monitoring or sampling conducted under section 2 of this 2023 Act, in the manner provided in ORS 192.245, and may include recommendations for legislation, to the committees or interim committees of the Legislative Assembly related to the environment. [2023 c.612 §5]

PENALTIES

468A.990 Penalties for air pollution offenses. (1) Violation of any rule or standard adopted or any order issued by a regional authority relating to air pollution is a Class A misdemeanor.

(2) Unless otherwise provided, each day of violation of any rule, standard or order relating to air pollution constitutes a separate offense.

(3) Violation of ORS 468A.610 or of any rule adopted pursuant to ORS 468A.595 is a Class A misdemeanor. Each day of violation constitutes a separate offense.

(4) Violation of the provisions of ORS 468A.655 is a Class A misdemeanor. [Formerly 468.995]

468A.992 Civil penalties for open field burning violations. (1) In addition to any liability or penalty provided by law, the State Department of Agriculture may impose a civil penalty on any person who fails to comply with a provision of ORS 468A.555 to 468A.620 or any rule adopted thereunder, or a permit issued under ORS 468A.555 to 468A.620, relating to open field burning.

(2) The State Department of Agriculture shall impose any civil penalty under this section in the same manner as the Department of Environmental Quality imposes and collects a civil penalty under ORS 468.140. [1995 c.358 §2; 1997 c.249 §164]

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